Civil Procedure code

Promulgated, State Gazette No. 59/20.07.2007, effective 1.03.2008, amended and supplemented, SG No. 50/30.05.2008, effective 1.03.2008, modified by Judgment No. 3 of the Constitutional Court of the Republic of Bulgaria of 8.07.2008 - SG No. 63/15.07.2008, amended, SG No. 69/5.08.2008

Due Protection and Facilitation
Article 2. Courts shall be obligated to examine and adjudicate in each petition submitted thereto for protection and facilitation of personal and property rights.

Good Faith
Article 3. The persons participating in court proceedings and the representatives thereof, on pain of liability for damages, shall be obligated to exercise the procedural rights conferred thereon in good faith and in compliance with good morals. The said persons shall be obligated to present to the court nothing but the truth.

Court Language, Oral Interpreters and Sign-Language Interpreters
Article 4. (1) Court proceedings shall be conducted in the Bulgarian language.

(2) Where any persons participating in the case have no command of the Bulgarian language, the court shall appoint an oral interpreter with the assistance of whom such persons shall perform the court procedural steps and shall be provided with an explanation of the steps taken by the court.

(3) Where a deaf or a mute person participates in the case, a sign-language interpreter shall be appointed thereto.

Legality
Article 5. The court shall examine and adjudicate in cases according to the precise meaning of the laws, and where the laws are deficient, obscure or conflicting, according to the common sense thereof. In the absence of an applicable law, the court shall found the judgment thereof on the fundamental principles of law, custom and ethics.

Dispositive Principle
Article 6. (1) Court proceedings shall commence on a petition by the interested party or on a motion by the prosecutor in the cases specified by a law.

(2) The subject matter of the case and the amount of the protection and facilitation due shall be determined by the parties.

Ex Officio Principle
Article 7. (1) The court shall perform ex officio the procedural steps necessary for the progress and close of the case and shall see to the admissibility and due performance of the procedural steps by the parties. The court shall facilitate the parties to clarify the factual and legal aspects of the case.

(2) The court shall serve upon the parties a duplicate copy of the acts which are subject to appellate review by separate appeal.

Adversarial Principle
Article 8. (1) Each party shall have the right to be heard by the court before rendition of an act relevant to the rights and interests of the said party.

(2) The parties shall indicate the facts underlying the demands thereof and shall present evidence supporting the said facts.

(3) The court shall afford the parties an opportunity to familiarize themselves with the demands and arguments of the opposing party, with the subject matter of the case and the progress thereof, as well as to express a stand on the said demands, arguments and subject matter.

Equality of Parties
Article 9. The court shall afford the parties an equal opportunity to exercise the rights conferred thereon. The court shall apply the law equally in respect of all.

Establishment of the Truth
Article 10. The court shall afford the parties an opportunity and shall facilitate the parties to establish the facts relevant to adjudication of the case.

Publicity and Immediacy
Article 11. Cases shall be examined orally in public session, save as where a law provided that such examination take place in camera.

Inner Conviction
Article 12. The court shall weigh all evidence in the case and the arguments of the parties, guided by its inner conviction.

Examination and Adjudication of Cases within Reasonable Time
Article 13. The court shall examine and adjudicate in the cases within a reasonable period of time.

Jurisdiction over Civil Cases
Article 14. (1) The courts shall have jurisdiction over all civil cases.

(2) The court shall have discretion to determine whether a case instituted is entertainable thereby.

(3) No other institution shall have the right to admit for examination a case which is already being examined by the court.

Verification of Jurisdiction
Article 15. (1) The question of whether a case instituted is under the jurisdiction of the court may be raised either by the parties or ex officio by the court during any stage of the proceeding, save as where a time limit for this is established in a law.
(2) The ruling of the court on this issue shall be appealable by an interlocutory appeal.

Jurisdiction Dispute
Article 16. Where the courts and the other institutions have refused to examine a case by reason of declining jurisdiction, the plaintiff may bring a jurisdiction dispute before the Supreme Court of Cassation.

Competence over Pre-conditioning Questions
Article 17. (1) The court shall take a stand on all questions which are relevant to adjudication of the case, with the exception of the question as to whether a criminal offence has been committed.

(2) The court shall pronounce on the validity of administrative acts as an incidental question regardless of whether the said acts are subject to judicial review. The court may not pronounce on the legal conformity of administrative acts as an incidental question, save as where any such act is opposed to a party to the case who did not participate in the administrative proceeding for the issuing and appellate review of the said act.

Judicial Immunity
Article 18. (1) The Bulgarian court shall be competent to examine actions whereto a foreign State, as well as a person enjoying judicial immunity, is a party in the following cases:

2. under actions based on contractual relations, where the obligation is performed in the Republic of Bulgaria;

3. under actions for damages sustained as a result of a tort or delict where the harmful act was committed in the Republic of Bulgaria;

4. under actions regarding rights to succession property and vacant succession in the Republic of Bulgaria;

5. under cases which are under the exclusive jurisdiction of the Bulgarian courts.

(2) The provisions of Items 2, 3 and 4 of Paragraph (1) shall not apply to any legal transactions and moves performed in execution of official functions of the persons or, respectively, in connection with the exercise of sovereign rights of the foreign State.

Arbitration Agreement
Article 19. (1) The parties to a property dispute may agree that the said dispute be settled by an arbitration court, unless the said dispute has as its subject matter any rights in rem or possession of a corporeal immovable, maintenance obligations or rights under an employment relationship.

(2) The arbitration may have a seat abroad if one of the party has his, her or its habitual residence, registered office according to the basic instrument thereof or place of the actual management thereof abroad.

Court Panel
Article 20. First-instance cases shall be examined by a one-judge panel, and intermediate appellate review cases and cassation cases shall be examined by a three-judge panel, including a presiding judge.

Deliberation
Article 21. (1) The deliberation and the voting of the court panel shall be moderated by the presiding judge and shall be conducted in camera.

(3) The members of the panel shall vote in the order of seniority. The first to vote shall be the junior member, and the presiding judge shall vote last.

(4) Where, upon adjudication of the case on the merits, the court has to pronounce on several actions, a separate vote shall be taken on each of the said actions.

(5) Judgments of the court shall be adopted by a majority of the votes of the judges.

(6) Any judge who dissents from the opinion of the majority shall sign the judgment, reasoning separately for his or her dissenting opinion.

Grounds for Recusal
Article 22. (1) Participation in a case as a judge shall be inadmissible for any person:

1. who is a party to the case or, together with any of the parties to the case, has entered into the contested legal relation or into a legal relation linked thereto;

2. who is a spouse of or a lineal relative up to any degree of consanguinity, or a collateral relative up to the fourth degree of consanguinity, or an affine up to the third degree of affinity, to any of the parties or to any representative of any such party;

3. who is a de facto cohabitee with any party to the case or with any representative of any such party;

4. who has been a representative or an attorney-in-fact, as the case may be, of any party to the case;

5. who has taken part in adjudication in the case in a court of another instance or who has been a witness or an expert witness in the case;

6. in respect of whom other circumstances exist which give rise to reasonable doubts as to the impartiality of the said person.

(2) The judge shall be obligated to exclude himself or herself in the cases covered under Items 1 to 5 of Paragraph (1), and should he or she decline the recusal under Item 6 of Paragraph (1), to disclose the circumstances.

Recusal Procedure
Article 23. (1) Each of the parties may move for exclusion during a hearing after the grounds for an exclusion have arisen or have become known.

(2) The court shall determine the question of the exclusion with the participation of the judge in respect of whom the motion was made.

(3) If, owing to the exclusion of judges, the examination of the case at the relevant court is impossible, the superior court shall decree the transmittal of the case for examination to another court of equal rank.

Recusal of Other Officials
Article 24. The prosecutor and the clerk of court may be excluded on the grounds covered under Article 22 (1) herein.
Rogatory Commissions

Article 25. (1) Where evidence has to be taken outside the geographical jurisdiction of the court, the court may commission the territorial regional court to take the said evidence.

(2) The court shall communicate to the commissioned court the time limit wherewithin the evidence must be taken and, if possible, the day of the next succeeding hearing of the case.

(3) The commissioned court shall notify the commissioning court forthwith of all circumstances which delay or impede the fulfilment of the commission.

(4) The commissioned court shall render a ruling on all questions in connection with the fulfilment of the commission.

Parties
Article 26. (1) Parties to civil cases shall be the persons who or which sue and who or which are sued.

(2) Save in the cases provided for by a law, no one may claim under another's rights on one's own behalf before a court of law.

(3) A prosecutor may participate in the proceeding, enjoying the rights of a party, in the cases provided for by a law. A prosecutor may not perform any steps which constitute disposition of the subject matter of the case.

(4) In a case under which any person claims under another's right, the person under whose right the first-mentioned person claims shall likewise be summoned as a party.

Capacity to Have Procedural Rights and Duties
Article 27. (1) A person shall be capable of having procedural rights and duties if the said person is of full capacity to have rights and duties under the substantive law.

(2) The government institutions which are spending units shall likewise be capable of having procedural rights and duties. If a government institution is not a spending unit, the court procedural steps shall be performed by and against the superior institution which is a spending unit.

Procedural Capacity to Sue
Article 28. (1) The natural persons of full capacity to act shall perform procedural steps at court in person.

(2) Minors and limited interdicts shall perform procedural steps at court in person, but with the consent of the parents or curators thereof.

(3) Minors may sue in person for any disputes over employment relationships or for any disputes arising from transactions referred to in Article 4 (2) of the Persons and Family Act, as well as in other cases specified by a law.

(4) Minors and full interdicts shall be represented by the legal representatives thereof: parents or tutors.

Ad Hoc Procedural Representation
Article 29. (1) Absent persons unheard of shall be represented by representatives thereof appointed by the court, and persons declared absent shall be represented by the heirs whereto possession has been delivered.

(2) The party who wishes to perform a procedural step which brooks no delay in respect of any person who lacks procedural capacity to sue and who does not have a legal representative or curator, may approach the court wherebefore the case is pending with a motion to appoint an ad hoc representative of the said party. In such case, the costs shall be initially borne by the said party.

(3) A person whose permanent and current address is unknown shall be represented by a person expressly appointed by the court. In such case, the costs shall be initially borne by the opposing party.

(4) If there is a conflict between the interests of a represented person and a representative, the court shall appoint an ad hoc representative. In such case, the court, acting according to the circumstances, shall rule whether the costs shall be initially borne by the represented person or by the representative.

(5) The ad hoc representative may perform steps for which an express power of attorney is required solely with the approval of the court wherebefore which the case is pursued.

Representation of Legal Persons
Article 30. (1) Legal persons shall be represented before the courts by the persons who represent the said persons by law or according to the rules of organization thereof.

(2) In the absence of a rule for representation, the legal person shall be represented by two members of the management thereof.

(3) Government institutions shall be represented by the heads thereof according to the rules of organization of the said institutions.

Representation of the State
Article 31. (1) The State shall be represented by the Minister of Finance, unless otherwise provided for in a law.
(2) In cases concerning corporeal immovables constituting state property, the State shall be represented by the Minister of Regional Development and Public Works.

Representation Per Procurationem
Article 32. The following may be representatives of the parties by authorization:

3. the legal advisers or other employees possessing legal qualifications at the institutions, the enterprises, the legal persons and the sole trader;

4. the regional governors, authorized by the Minister of Finance or by the Minister of Regional Development and Public Works, in the cases referred to in Article 31 herein;

Power of Attorney
Article 33. The attorneys-in-fact shall identify themselves by means of a power of attorney signed by the party or by the representative thereof. The power of attorney shall state the forename, patronymic and surname, the exact address and telephone number of the attorney-in-fact. Authorization may furthermore be made orally before the court, and shall be included in the judicial record of the court hearing.

Representative Authority
Article 34. (1) A general power of attorney shall confer a right to perform all procedural steps at court, including receipt of costs deposited and sub-delegation.

(2) Bringing actions for civil status, including matrimonial actions, shall require an express power of attorney.

(3) Conclusion of a settlement, diminution of the demand, withdrawal from or abandonment of the action, admission of the demands of the other party, receipt of money or of other valuables, as well as any steps constituting disposition of the subject matter of the case, shall require an express power of attorney.

(4) A power of attorney shall remain valid until completion of the case in the courts of all instances, unless otherwise agreed.

Withdrawal of Authorization
Article 35. The principal shall have the right to withdraw at any time the authorization granted thereby, notifying the court thereof, but this shall not stay the examination of the case. All steps performed lawfully by the attorney-in-fact until withdrawal of the power of attorney shall remain valid.

Adjournment of Case upon Termination of Authorization
Article 36. In the event of death, mental derangement or deprivation of rights of the principal, as well as upon renunciation of the authorization thereof, of which the said principal has notified the court, the proceeding in the case shall not be stayed but examination of the case may be adjourned for another hearing if the court determines that these circumstances could not have become known to the party or that the party has learnt of the said circumstances too late to be able to replace the attorney-in-fact in due time.

Addressee
Article 37. Addressee shall be the person wherefor the communication is destined.

Address for Service
Article 38. A communication shall be served at the address named under the case. Where the addressee has not be found at the address named, the communication shall be served at the current address of the said addressee, and in the absence of a current address, at the permanent address.

Service upon Representative
Article 39. (1) Where the party has named a person for service of communications in the seat of the court (a legal addressee), or where the party has an attorney-in-fact for the case, service shall be effected upon the said person or upon the attorney-in-fact.

(2) Where several plaintiffs or respondents have named a shared legal addressee or have a shared attorney-in-fact in the seat of the court, a single communication shall be issued for all persons, wherein the names thereof shall be stated.

(3) If there are multiple plaintiffs or respondents, where the interests thereof are not conflicting, the court, acting either on a motion by the opposing party or at its own discretion, may order the said plaintiffs or respondents to name one of them or another person as a shared legal addressee. Upon failure to comply with this obligation, the court may appoint a representative of the said plaintiffs or respondents for service of papers at their own expense and risk.

(4) Where the addressee lacks procedural capacity to sue, the communication shall be served upon the legal representative thereof.

Legal Addressee
Article 40. (1) Any party, who resides abroad or leaves the country for more than one month, shall be obligated to name a person in the seat of the court for service of communications: a legal addressee, if the said party does not have an attorney-in-fact for the case in the Republic of Bulgaria. The same obligation shall apply to the legal representative, the curator and the attorney-in-fact of any such party.

(2) Where the persons referred to in Paragraph (1) fail to name a legal addressee, all communications shall be filed with the case records and shall be presumed served. The said persons must be warned of these consequences by the court upon service of the first communication.

Obligation to Notify
Article 41. (1) Any party, who is absent for more than one month from the address which the said party has communicated under the case or whereat a communication has been served thereon once, shall be obligated to notify the court of the new address thereof. The same obligation shall furthermore apply to the legal representative, the curator and the attorney-in-fact of any such party.

(2) Upon failure to comply with the obligation referred to in Paragraph (1), all communications shall be filed with the case records and shall be presumed served. The said persons must be warned of these consequences by the court upon service of the first communication.

Server
Article 42. (1) Communications shall be served by a court official, by post or through a courier service by means of a registered item with an addressee's acknowledgment of receipt. Where there is no court institution in the place of service, service may be effected care of the municipality or the mayoralty.

(2) On a motion by the party, the court may order that communications be served by a private enforcement agent. The costs of the private enforcement agent shall be borne by the party.

(3) Where the communication has not been served in another manner, the court may decree, as an exception, that service be effected by a court official by means of telephone, telex, telefax or by telegram.

(4) Communications may furthermore be served upon the party at an electronic address named thereby. Any such communications shall be presumed served upon the receipt thereof in the named information system.

Manner of Service
Article 43. (1) A communication shall be served personally or through another person.

(2) The court may order that service be effected by means of filing of the communication with the case records or by means of posting of a notification.

Attestation of Service
Article 44. (1) The server shall attest, by the signature thereof, the date and the manner of service, as well as all steps in connection with the service. The server shall furthermore note the capacity of the person whereupon the communication has been served. The recipient shall likewise attest, by the signature thereof, that the said recipient has received the communication. A refusal to accept a communication shall be noted on the receipt and shall be attested by the signature of the server. The refusal of the recipient shall not affect the dueness of the service.

(2) Service by telephone or by telefax shall be attested in writing by the server, and service by telegram shall be attested by an advice of delivery of the said telegram, and where service has been effected by means of telex, service shall be attested by a written confirmation of delivery of the message. Service by post shall be attested by the addressee's acknowledgment of receipt.

(3) Service at an electronic address shall be attested by a copy of the electronic record of the service.

(4) The receipt attesting service by a court official or by a private enforcement agent, the addressee's acknowledgment of receipt attesting service by a postal officer, the advice of delivery of a telegram, as well as the written confirmation of delivery of a message by telex, shall be returned to the court immediately after being drafted.

Personal Service
Article 45. A communication shall be served upon the addressee personally. Service upon a representative shall be considered personal service.

Service upon Another Person
Article 46. (1) Where a communication cannot be served upon the addressee personally, the said communication shall be served upon another person who is willing to accept it.

(2) Another person may be any member of the household or any person who resides at the address, or who is a factory or office worker employed by or, respectively, an employer of the addressee and who has attained the age of 18 years. The person wherethrough service is effected shall sign the receipt, undertaking to pass the summons to the addressee. Service may not be effected upon persons who participate in the case as an opposing party to the addressee.

(3) The court shall exclude from the range of other persons those who are interested in the outcome of the case or who are expressly named in a written statement by the addressee. These persons shall be listed in the communication and in the addressee's acknowledgment of receipt.

(4) Upon receipt of the communication by the other person, service shall be presumed effected upon the addressee. The addressee may move for resumption of the time limit if the addressee was absent from the address and was unable to learn of the service in due time. The time limit referred to in Article 64 (2) herein shall begin to run as from the time when the addressee was able to learn of the service.

Service through Posting of Notification
Article 47. (1) Where the respondent cannot be found at the address named under the case and a person willing to accept the communication cannot be found, the server shall post a notification on the door or on the mailbox, and where no access is afforded thereto, on the front door or in a conspicuous place around the front door. Where the mailbox is accessible, the server shall place a notification therein as well.

(2) The notification shall state that the papers have been left at the office of the court, where service is effected through a court official or a private enforcement agent or, respectively, at the municipality, where service is effected through a municipal official, as well as that the said papers can be claimed there within two weeks after the posting of the notification.

(3) Where the respondent does not present himself or herself to claim the papers, the court shall instruct the plaintiff to present a statement of search of records regarding the residence registration of the respondent, except in the cases referred to in Article 40 (2) and Article 41 (1) herein, when the communication shall be filed with the case records. If the address named in the statement is other than the permanent and current address of the party, the court shall order service at the current or permanent address according to the procedure established by Paragraphs (1) and (2).

(4) Where the server finds that the respondent does not reside at the address named, the court shall instruct the plaintiff to present a statement of search of records regarding the residence registration of the respondent notwithstanding the posting of the notification under Paragraph (1).

(5) The communication shall be presumed served upon expiry of the time limit for claiming the said communication from the office of the court or the municipality.

(6) Having established that the service has been duly effected, the court shall order that the communication be filed with the case records and shall appoint an ad hoc representative at the expense of the plaintiff.

(7) The provisions of Paragraphs (1) to (5) shall apply, mutatis mutandis, to the service of communications on an assisting party.

(8) The provisions of Paragraphs (1) and (2) shall apply to the service of communications on a witness, an expert witness and a person who does not participate in the case, with any such communication being deposited in the mailbox and, where no access is afforded thereto, through posting of a notification.

Service through Publication
Article 48. (1) If, when the case is instituted, the respondent does not have a registered permanent or current address, on a motion by the plaintiff, service shall be effected through publication in the Unofficial Section of the State Gazette, performed at least one month before the hearing. The court shall authorize the effecting of service according to this procedure after the plaintiff certifies by a statement of search of records that the respondent does not have a residence registration and the plaintiff confirms by a declaration that the said plaintiff is not aware of the address of the respondent abroad.

(2) If, despite the publication, the respondent fails to appear in court upon examination of the case, the case shall appoint an ad hoc representative of the said respondent at the expense of the plaintiff.

Place of Service
Article 49. The place of service shall be the residence, the weekend house, the place of employment, the place of civil service, the registered office, the place of implementation of economic activity or another place which is inhabited by the addressee, as well as any other place wherein the addressee can be found.

Service upon Merchants and Legal Persons
Article 50. (1) The place of service of a merchant and of a legal person which is recorded in the relevant register shall be the last address named in the register.

(2) If the person has left the address thereof and the new address thereof is not recorded in the register, all communications shall be filed with the case records and shall be presumed duly served.

(3) Service upon merchants and upon legal persons shall take place at the offices thereof and may be effected upon each office or factory worker who is willing to accept them. Upon attestation of the service, the server shall indicate the names and position of the recipient.

(4) Where the server does not obtain access to the office and does not find a person willing to accept the communication, the server shall post a notification under Article 47 (1) herein. A second notification shall not be posted.

Service upon Lawyer
Article 51. (1) Service upon a lawyer shall be effected personally at the office of the said lawyer or in any place where the said lawyer is on business. Service at the office may be effected upon any person who works for or assists the lawyer. Upon attestation of the service, the server shall indicate the name and capacity of the recipient.

(2) Where a person to receive the communication cannot be found at the lawyer's office, the server shall post a notification under Article 47 (1) herein. A second notification shall not be posted.

(3) The lawyer may not refuse to receive a communication of a client thereof, except after withdrawal of the power of attorney according to the procedure established by Article 35 herein, renunciation of authorization under Article 36 herein, as well as where the power of attorney unambiguously shows that it does not refer to the court of the instance whereto the summoning applies. A refusal of the lawyer to accept the communication shall be noted in the receipt and shall be attested by the signature of the server. Any such refusal shall not affect the dueness of the service.

Service upon Government Institutions and Municipalities
Article 52. Government institutions and municipalities shall be obligated to ensure an official to accept communications within normal business hours.

Service upon Foreigners Resident in Bulgaria
Article 53. Service upon foreigners resident in Bulgaria shall be effected at the address stated to the relevant administrative services.

Cure of Non-conformities upon Service
Article 54. If there are any non-conformities upon the service, the said service shall be presumed effected at the time at which the communication actually reached the addressee.

Standard Forms
Article 55. The Minister of Justice shall issue an ordinance endorsing thereby the standard forms of all papers related to service.

Summonses
Article 56. (1) The court shall summon the parties for the hearings of the case.

(2) Upon adjournment of the case, the parties who are duly summoned shall not be summoned for the next succeeding hearing where the date of the said hearing has been announced during the hearing.

(3) Summoning shall be effected not later than one week before the hearing. This rule shall not apply in the enforcement procedure.

Procedure for Service of Summonses
Article 58. Summonses under a case shall be served according to the procedure applicable to service of communications.

Setting of Time Limits
Article 59. The time limits in the procedure, which are not established by the law, shall be set by the court.

Calculation of Time Limits
Article 60. (1) A time limit shall be calculated in years, months, weeks and days.

(2) A time limit which is counted in years shall expire on the respective day of the last year, and if the month in the last year lacks a respective day, the time limit shall expire on the last day of the said month.

(3) A time limit which is counted in months shall expire on the respective day of the last month, and if the last month lacks a respective day, the time limit shall expire on the last day of the said month.

(4) A time limit which is counted in weeks shall expire on the respective day of the last week.

(5) A time limit which is counted in days shall be calculated as from the day next succeeding the day from which the time limit begins to run, and shall expire at the end of the last day.

(6) Where the last day of a time limit is a non-working day, the time limit shall expire on the first next succeeding working day.

Suspension of Time Limit
Article 61. As the proceeding is stayed, all time limits which have begun to run but have not expired shall be suspended. In such case, the suspension of the time limit shall begin as from the event in connection with which the proceeding has been stayed.

Expiry of Time Limit
Article 62. (1) The last day of the time limit shall continue until the end of the twenty-four hour, but if any step has to be performed or if anything has to be presented in court, the time limit shall expire at the time of close of normal business hours.

(2) A time limit shall not be considered exceeded where the petition has been dispatched by post. A time limit shall not be considered exceeded, either, where the petition has been submitted to another court or to the prosecution office within the time limit, except where submitted by electronic means.

(3) Where the court sets a time limit longer than the time limit established by a law, a step performed after the expiry of the statutory time limit but before the expiry of the time limit set by the court shall not be considered overdue.

Extension of Time Limit
Article 63. (1) The statutory time limits and the time limits set by the court may be extended by the court on a petition by the interested party submitted before the expiry of the time limits, if there are valid reasons.

(2) The newly set time limit may not be shorter than the initial time limit. An extension of the time limit shall run as from the expiry of the initial time limit.

(3) Paragraph (1) shall not apply to the time limits for appellate review and for submission of a petition for a reversal of an effective judgment.

Conditions
Article 64. (1) Any procedural steps performed after the expiry of the time limits as set shall be ignored by the court.

(2) A party, which has exceeded any time limit established by the law or set by the court, may move for resumption of the said time limit if the said party proves that the excess was due to special unforeseen circumstances which the said party was unable to overcome.

(3) The petition for resumption shall be submitted within one week after the communication of the excess of the time limit. Resumption shall not be granted if extension of the time limit for performance of the omitted step was possible.

(4) The time limit for submission of a petition for resumption of a time limit may not be extended.

(2) Any papers for the issuing whereof a resumption of the time limit is required shall be submitted simultaneously with the petition for resumption of the time limit, and where the time limit is for depositing of amounts for costs, the court shall set a new time limit for depositing the said amounts.

Procedure
Article 66. (1) The petition shall be submitted accompanied by a duplicate copy for the opposing party, who may give an answer within one week. The petition shall be examined in public session.

(2) An interlocutory appeal may be lodged against a ruling whereby resumption of the time limit is refused.

(3) Where granting of the petition necessitates the holding of a public court session, the court may, where necessary, vacate the steps performed before resumption of the time limit.

Costs
Article 67. All costs, which have arisen for the opposite party from the excess of the time limit and in the proceeding for resumption of the time limit, shall be borne by the petitioner.

Cost of Action
Article 68. The value of the subject matter of the case, appraised in money, shall be the cost of action.

Cost of Action: Amount
Article 69. (1) The amount of the cost of action shall be:

2. in actions for ownership and other rights in rem to an immovable: the tax assessed value or, in the absence of such value, the market price of the right in rem;

3. in actions for disturbed possession: one-fourth of the amount referred to in Item 2;

4. in actions for existence, for annulment or for rescission of a contract and for conclusion of a final contract: the value of the contract, and where the contract has, as a subject matter, any rights in rem to an immovable, the amounts referred to in Item 2;

5. in actions for existence or termination of a lease contract: the rent for one year;

7. in actions for perpetual annuities or for life annuities: the sum total of the payments for three years.

(2) In actions which are not specified under Paragraph (1), the court shall determine the initial cost of action.

Cost of Action: Determination
Article 70. (1) The cost of action shall be named by the plaintiff. An issue of the cost of action may be raised either by the respondent or ex officio by the court at the latest during the first hearing for examination of the case. In the event of discrepancy between the cost named and the actual cost, the court shall determine the cost of action.

(2) The ruling of the court, whereby the cost of action is increased, shall be appealable by an interlocutory appeal.

(3) In actions whereunder an appraisal gives rise to difficulties at the time when the action is brought, an approximate cost of action shall be determined by the court and an additional fee shall subsequently be charged or the overcollected fee shall be refunded depending on the cost which the court determines upon adjudication of the case.

Incurrence of Fees and Costs
Article 71. (1) Stamp duties on the cost of action and court costs shall be collected upon conduct of the case. Where the action is unappraisable, the amount of the stamp duty shall be determined by the court.

(2) Where the subject matter of the case is a right of ownership or other rights in rem to an immovable, the amount of the stamp duty shall be determined on one-fourth of the cost of action.

Stamp Duties upon Joinder of Actions
Article 72. (1) In cumulatively joined actions brought by a single petition, stamp duty shall be collected for each action.

(2) In alternatively or eventually joined actions brought by a single petition against a single person, stamp duty shall be collected for a single action.

(3) In alternatively or eventually joined actions brought by a single petition against multiple persons, stamp duty shall be collected for the actions against each person.

Stamp Duty
Article 73. (1) There shall be simple and proportionate stamp duties.

(2) Simple duties shall be determined on the basis of the material, technical and administrative expenses required for the proceeding. Proportionate taxes shall be determined on the basis of the proprietary interest.

(3) The stamp duty shall be collected upon presentation of a motion for protection or facilitation and upon the issuing of the document for which duty is paid, according to a rate schedule adopted by the Council of Ministers.

Modification of Demand
Article 74. Upon diminution of the demand, the stamp duty paid shall not be refunded. Upon increase of the demand, the stamp duty on the difference shall be paid additionally.

Determination of Costs
Article 75. The remuneration of witnesses shall be determined by the court considering the time allocated and the expenses incurred, and the remuneration of expert witnesses shall be determined by the court considering the work done and the expenses incurred.

Advance Deposit for Costs
Article 76. Each party shall make an advance deposit to the court for the costs for the steps which the said party has moved for. The amounts for costs for steps on a motion by both parties or on the initiative of the court shall be deposited by both parties or by one party depending on the circumstances.

Coercive Collection of Costs
Article 77. If any costs remain due by a party, the court shall render a ruling on the coercive collection of the said costs.

Award of Costs
Article 78. (1) The fees paid by the plaintiff, the costs of the proceeding and the fees for one lawyer, if any, shall be paid by the respondent commensurate to the portion of the action granted.

(2) If the respondent has not provided an occasion for institution of the case by the behaviour thereof or if the respondent admits the demand, the costs shall be awarded against the plaintiff.

(3) The respondent, too, shall have the right to move for payment of the costs incurred thereby commensurate to the portion of the action dismissed.

(5) If the fees for a lawyer paid by the party are excessive considering the actual legal and factual complexity of the case, the court, acting on a motion by the opposing party, may award a lower amount of the costs in this part, but not less than the minimum amount set according to Article 36 of the Bar Act.

(6) Where the case has been adjudicated in favour of a person for whom payment of stamp duty or of costs of the proceeding is waived, the person found against shall be obligated to pay all fees and applicable costs due. The respective amounts shall be awarded in favour of the court.

(7) If the claim of a recipient of legal aid is granted, the lawyers' fees paid shall be awarded in favour of the National Legal Aid Office commensurate to the portion of the action granted. In the cases of a judgment adverse to the recipient of legal aid, the said recipient shall owe costs commensurate to the portion of the action dismissed.

(8) A lawyer's fee shall be awarded, inter alia, in favour of legal persons and sole traders, if the said persons and traders have been defended by a legal adviser.

(9) Upon conclusion of the case by a settlement, half of the stamp duty deposited shall be refunded to the plaintiff. The costs of the proceeding and of the settlement shall be borne by the parties who incurred the said costs, unless otherwise agreed.

(10) A third-party intervenor shall not be awarded costs, but any such intervenor shall owe the costs inflicted by the procedural steps thereof.

(11) Where the prosecutor participates in the case as a party, the costs due shall be awarded to the State or shall be paid thereby.

Costs of Enforcement
Article 79. (1) The costs of enforcement shall be borne by the State except in the cases where:

1. the case is dismissed according to Article 433 herein, except by reason of a payment effected after commencement of the enforcement proceeding, or

2. the enforcement steps are abandoned by the execution creditor or are vacated by the court.
(2) Where the fees on enforcement are not deposited by the execution creditor, the said fees shall be collected from the execution debtor.

List of Costs
Article 80. The party who has moved for the award of costs shall present to the court a list of costs not later than before the close of the last hearing in the court of the relevant instance. Failing this, the said party shall not have the right of appeal against the judgment in its part concerning the costs.

Award of Costs
Article 81. In each act which concludes the case in the court of the relevant instance, the court shall pronounce, inter alia, on the demand of costs.

Order Regarding Amounts Deposited for Costs and Bonds
Article 82. Any amounts for costs and bonds deposited and furnished in money and valuables shall be credited to State budget revenue unless claimed within one year after the date at which the said amounts became exigible.

Waiver of Fees and Costs
Article 83. (1) Fees and costs of the proceeding in the cases shall not be deposited:

1. by the plaintiffs who are factory or office workers or cooperative members in respect of any actions arising from employment relationships;

4. by the plaintiff: in respect of any actions for damages sustained as a result of a tort or delict, for which a sentence has entered into effect;

5. by the ad hoc representatives of the party whose address is unknown, appointed by the court.

(2) Fees and costs of the proceeding shall not be deposited by any natural persons who have been found by the court to lack sufficient means to pay the said fees and costs. Considering the petition for waiver, the court shall take into consideration:
1. the income accruing to the person and to the family thereof;

(3) In the cases covered under Paragraphs (1) and (2), the costs of the proceeding shall be paid from the amounts allocated under the budget of the court.

Waiver in Special Cases
Article 84. Payment of stamp duty but not of court costs shall be waived for:

1. (amended, SG No. 50/2008, effective 1.03.2008; amended by Judgment No. 3 of the Constitutional Court of the Republic of Bulgaria, SG No. 63/2008) the State and the government institutions, except in actions for private state receivables and rights to corporeal things constituting private state property;

3. the municipalities, except in actions for private municipal receivables and rights to corporeal things constituting private municipal property.

Witness, When Fined
Article 85. (1) If a witness summoned to appear in court fails to appear without reasonable excuse, the court shall impose a fine thereon and shall decree that the attendance of the said witness during the next succeeding hearing be compelled.

(2) If a witness refuses to testify without reasonable excuse, the court shall impose a fine thereon.

Expert Witness, When Fined
Article 86. If an expert witness fails to appear, refuses to give a conclusion, or fails to present a conclusion in due time without reasonable excuse, the court shall impose a fine thereon.

Third Party, When Fined
Article 87. If a third party who does not participate in the case refuses to present a document or a tangible thing for inspection demanded therefrom by the court, which has been established to be in the possession of the said party, the court shall impose a fine thereon and shall urge to present the said document or thing.

Fine for Breaches upon Service
Article 88. (1) The court shall impose a fine on any server who has misserved a communication, who has failed to duly attest the service, or who has not returned to court, in due time, the receipt proving service, or who has failed to comply with any other commands of the court in connection with the service.

(2) The court shall impose a fine on the manager of the office, where a person willing to accept a communication cannot be found in the office of a government institution or a municipality within normal business hours.

Fine for Breaches upon Examination of Case
Article 89. The court shall impose a fine for:

3. insult of a judge, a party, a representative, a witness or an expert witness.

Wrongful Receipt of Legal Aid
Article 90. (1) The court shall impose a fine on a party who has stated any untrue or incomplete data in an application for legal aid and, as a result of this, has received or has attempted to receive legal aid.

(2) A fine shall likewise be imposed in the cases where a party who has been granted legal aid fails to notify the court in due time of any circumstances relevant to the judgment referred to in Articles 96 and 97 herein.

Amount of Fine
Article 91. (1) The fine for any breaches covered under Article 85 to 90 herein shall be BGN 50 or exceeding this amount but not exceeding BGN 300.

(2) The fine for any breaches which impede the course of proceedings or which are re-committed shall be BGN 100 or exceeding this amount but not exceeding BGN 1,200.

Appellate Review
Article 92. (1) A petition for vacation of a fine as imposed may be submitted within one week to the court which has imposed the said fine. The time limit shall begin to run as from the day of the court hearing, and in the cases where the person does not attend the hearing, as from the day of the communication.

(2) The court shall examine the petition in camera and, if it finds the reasons set forth valid, the court shall reduce or vacate the fine, as well the compelled attendance.

Fines upon Coercive Enforcement
Article 93. (1) The enforcement agent shall impose a fine in the amounts referred to in Article 91 herein for:

(2) The decree whereby the enforcement agent imposes the fine shall be appealable within one week after communication before the regional judge, who shall pronounce in camera, rendering a ruling which shall be unappealable.

Content of Legal Aid
Article 94. Legal aid shall consist in ensuring defence by legal counsel free of charge.

Grant of Legal Aid
Article 95. (1) An application for legal aid shall be submitted in writing to the court wherebefore the case is pending.

(2) In the ruling whereby the application is granted, the court shall specify the type and scope of the legal aid granted.

(3) The ruling on the grant of legal aid shall have effect as from the submission of the application, unless the court decrees otherwise.

(4) The ruling shall be rendered in camera, unless the court deems it necessary to hear the party in order to clarify all circumstances.

(5) The ruling whereby legal aid is refused shall be appealable by an interlocutory appeal.

1. upon change of the circumstances on the grounds of which the said aid has been granted;

(2) The court, acting either ex officio or on a motion by a party or by the assigned counsel, shall decree termination in whole or in part of the legal aid granted, effective from the time of occurrence of a change in the circumstances which justified the grant of the said aid.

Deprivation of Legal Aid
Article 97. (1) The court, acting either ex officio or on a motion by a party or by the assigned counsel, shall deprive the party of legal aid in whole or in part if it is established that the conditions for the grant of the said aid did not exist at all or in part.

(2) (Amended, SG No. 50/2008) In the case referred to in Paragraph (1), the party shall be obligated to deposit or to restore all amounts from the payment of which the said party has been groundlessly exempted, as well as to pay the fee to the counsel assigned thereto.

Consequences of Termination and Deprivation of Legal Aid
Article 98. (1) The assigned counsel shall exercise the powers thereof until the entry into effect of the ruling on termination or on deprivation of legal aid, if this is necessary to safeguard the party against adverse legal consequences.

(2) The time limits for appellate review shall be interrupted as from the rendition and until the entry into effect of the ruling on termination or on deprivation of legal aid and shall commence anew thereafter.

Advice of Parties on Legal Aid
Article 99. The court shall apprise the parties of their legitimate rights and obligations in connection with legal aid, as well as of the legal consequences upon failure to comply with the obligations thereof.

Form
Article 100. The parties shall perform procedural steps orally during a court hearing. The procedural steps outside a court hearing shall be performed in writing.

Non-conformity of Procedural Step
Article 101. (1) The court, acting ex officio, shall see to the due performance of procedural steps. The court shall instruct the party as to the nature of the non-conformity of the procedural step performed thereby and to the manner in which the said non-conformity can be cured, and shall set a time limit for the curing.

(2) The cured procedural step shall be deemed conforming as from the time of performance thereof.

(3) Upon failure to cure the non-conformity within the time limit set, the procedural step shall be deemed non-performed.

Written Statements
Article 102. (1) Any written statements to the court shall contain:

2. the name and address of the party making the statement or, respectively, the name and address of the representative wherethrough the statement is effected;

1. a power of attorney, where the statement is effected through a representative;

3. duplicate copies of the statement and the attachments according to the number of opposing parties.

Basic Cognizance
Article 103. The regional court shall take cognizance of all civil cases, with the exception of such as are cognizable in the district court acting as a court of first instance.

Cognizance of District Court
Article 104. The district court, acting as a court of first instance, shall take cognizance of:

1. any actions to establish or disavow filiation, to terminate adoption, any actions for interdiction or for vacation of interdiction;

3. any actions for ownership and other rights in rem to an immovable with a cost of action exceeding BGN 50,000;

4. (supplemented, SG No. 50/2008) any actions on civil and commercial cases with a cost of action exceeding BGN 25,000, with the exception of any actions for maintenance obligations, for labour disputes, and for receivables under deficit deeds;

5. any actions to establish inadmissibility or nullity of a recording, as well as for non-existence of a recorded circumstance, where so provided for in a law;

6. any actions which, under other laws, are subject to examination by the district court.

General Territorial Cognizance
Article 105. An action shall be brought before the court within whose geographical jurisdiction the permanent address or the registered office of the respondent is located.

Actions against Minors or Full Interdicts
Article 106. Actions against minors or full interdicts shall be brought before the court exercising jurisdiction over the permanent address of the legal representative thereof.

Actions against Persons whose Address Is Unknown
Article 107. (1) An action against a person whose address is unknown shall be brought before the court exercising jurisdiction over the permanent address of the attorney-in-fact or representative of the said person or, should there be no such attorney or representative, over the permanent address of the plaintiff.

(2) The rules under Paragraph (1) shall furthermore apply to any respondent who does not reside at the permanent address thereof within the territory of the Republic of Bulgaria.

(3) If the respondent does not have a permanent address in the Republic of Bulgaria, either, the action shall be brought before the competent court in Sofia.

Actions against Government Institutions and Legal Persons
Article 108. (1) Actions against government institutions and legal persons shall be brought before the court within whose geographical jurisdiction the place of management or registered office thereof is located. In respect of any disputes which have arisen from direct relations with divisions or branches of any such institutions or persons, actions may alternatively be brought before the court exercising jurisdiction over the location of the said divisions or branches.

(2) Actions against the State shall be brought before the court within whose geographical jurisdiction the contested legal relation has arisen, except in the cases referred to in Articles 109 and 110 herein. Where the said relation has arisen abroad, the court shall be brought before the competent court in Sofia.

Cognizance in Place of Corporeal Immovable
Article 109. Actions for rights in rem to a corporeal immovable, for partition of a co-owned corporeal immovable, for boundaries, and for remedy against disturbed possession of a corporeal immovable shall be brought before the court exercising jurisdiction over the place where the immovable is located. Actions for conclusion of a final contract for creation and transfer of rights in rem to a corporeal immovable, as well as for rescission, annulment and declaration of nullity of contracts for rights in rem to a corporeal immovable, shall likewise be brought before the court exercising jurisdiction over the place where the immovable is located.

Cognizance in Place of Opening of Succession
Article 110. (1) Actions for succession, for annulment or reduction of testaments, for partition of succession and for annulment of voluntary partition shall be brought before the court exercising jurisdiction over the place where the succession has been opened.

(2) If the decedent is a Bulgarian citizen but the succession has been opened abroad, the actions referred to in Paragraph (1) may be brought before the court exercising jurisdiction over the last permanent address of the said decedent in the Republic of Bulgaria or before the court within whose geographical jurisdiction the immovables of the said decedent are located.

Action for Pecuniary Receivables on Contractual Grounds
Article 111. An action for pecuniary receivables on contractual grounds may be brought, alternatively, before the court exercising jurisdiction over the current address of the respondent.

Action for Maintenance Obligations
Article 112. An action for maintenance obligations may be brought, alternatively, before the court exercising jurisdiction over the permanent address of the plaintiff.

Consumers' Actions
Article 113. A consumer may bring an action, alternatively, before the court exercising jurisdiction over the current or permanent address of the said consumer.

Actions in Labour Cases
Article 114. A worker may bring an action against the employer thereof, alternatively, before the court exercising jurisdiction over the place where the said worker habitually performs the work thereof.

Actions for Tort or Delict
Article 115. An action for damages sustained as a result of a tort or delict may be brought, alternatively, before the court exercising jurisdiction over the place where the act was committed.

Concurrent Cognizance
Article 116. An action against respondents from different geographical jurisdictions or for an immovable located in different geographical jurisdictions shall be brought, at the choice of the plaintiff, before the court of any of the said geographical jurisdictions.

Agreed Cognizance
Article 117. (1) The cognizance determined by the law may not be altered by agreement between the parties.

(2) By written agreement, the parties to a property dispute may name a court other than the court wherein the case is cognizable conforming to the rules of territorial cognizance. This provision shall not apply to the cognizance referred to in Article 109 herein.

(3) An agreement on choice of court under consumers' actions and under labour disputes shall take effect only if concluded after the dispute has arisen.

Verification of Cognizance
Article 118. (1) Each court shall have discretion to decide whether a case commenced before it is cognizable therein.

(2) If the court determines that the case is not cognizable therein, the court shall transmit the said case to the competent court. In such case, the case shall be considered pending before that court as from the day of submission of the petition to the non-competent court, and the steps performed by the latter shall retain the validity thereof.

Opposition over Lack of Cognizance
Article 119. (1) An opposition to the generic cognizance of the case may be lodged prior to the close of the proceeding in the court of second instance and may furthermore be raised ex officio by the court.

(2) An opposition over lack of cognizance of the case in the court exercising jurisdiction over the place where the corporeal immovable is located may be lodged by the party and may be raised ex officio by the court prior to the conclusion of the trial in the court of first instance.

(3) In all cases other than those referred to in Paragraphs (1) and (2), an opposition over lack of cognizance of the case may be lodged solely by the respondent and then within the time limit for an answer to the statement of action.

(4) Simultaneously with the lodgment of the opposition, the party shall be obligated to present the evidence thereof.

Stabilization of Cognizance
Article 120. Any changes in the factual circumstances, justifying the territorial cognizance, which have occurred after submission of the statement of action, shall be no grounds for transmittal of the case.

Appellate Review of Ruling on Cognizance
Article 121. The interested party may appeal the ruling in connection with cognizance.

Cognizance Disputes
Article 122. Any cognizance disputes between courts shall be resolved by the common superior court thereof. If the said courts are located within the geographical jurisdictions of different superior courts, the dispute shall be resolved by the superior court within whose geographical jurisdiction the court which last accepted or refused to examine the case is located. Any cognizance disputes involving an appellate court shall be resolved by the Supreme Court of Cassation. The court shall pronounce on any cognizance dispute sitting in camera.

Determination of Cognizance by Supreme Court of Cassation
Article 123. Where the competent court cannot be determined according to the rules of this Chapter, Supreme Court of Cassation, acting on a motion by the party and sitting in camera, shall determine the court wherebefore the action must be brought.

Types of Action
Article 124. (1) Every person may bring an action in order to restore a right thereof where the said right has been impaired, or to establish the existence or non-existence of a legal relation or of a right, where the said person has standing to do so.

(2) An action may be brought for the respondent to be ordered to comply with recurrent obligations, even if the said obligations become exigible after rendition of the judgment.

(3) An action for the arising, modification or termination of civil legal relations may be brought solely in the cases provided for in a law.

(4) An action may be brought to establish the truthfulness or falsity of a document. An action to establish the existence or non-existence of other facts of legal relevance shall be admitted solely in the cases provided for in a law.

(5) An action to establish a criminal circumstance relevant to a civil legal relation or to reversal of an effective judgment shall be admitted solely in the cases where criminal prosecution may not be instituted or has been terminated on any of the grounds referred to in Items 2 to 5 of Article 24 (1) or has been suspended on any of the grounds referred to in Item 2 of Article 25 or Article 26 of the Criminal Procedure Code, and in the cases where the perpetrator of the act has remained undiscovered.

Bringing the Action
Article 125. An action shall be brought by the receipt of the statement of action in the court.

Dismissal in Pending Procedure
Article 126. (1) Where two cases between the same parties are pending before the same court or before different courts on the same grounds and in respect of the same demand, the case which has been instituted later shall be dismissed ex officio by the court.

(2) Where the dismissal is decreed by the intermediate appellate review court, the said court shall invalidate the judgment of the court of first instance.

Statement of Action: Content
Article 127. (1) The statement of action must be written in the Bulgarian language and must contain:

2. the name and address of the plaintiff and respondent, of the legal representatives or attorneys-in-fact thereof, if any, as well as the Standard Public Registry Personal Number of the plaintiff and the telefax and telex number, if any;

(2) In the statement of action, the plaintiff shall be obligated to cite the evidence and the specific circumstances which the said plaintiff is to prove thereby, and to present, together with the said statement, all written evidence.

(3) If the submitter of the statement does not know or is unable to sign the said statement, the said statement shall be signed by the person whom the submitter has assigned to do so, stating the reason for which the submitter himself or herself has not signed the statement.

Statement of Action: Attachments
Article 128. The following shall be presented attached to the statement of action:

1. the power of attorney, where the statement is submitted by an attorney-in-fact;

3. duplicate copies of the statement of action and of the attachments thereto according to the number of respondents.

Statement of Action: Verification
Article 129. (1) The court shall verify the conformity of the statement of action.

(2) Where the statement of action does not conform to the requirements covered under Article 127 (1) and under Article 128 herein, a communication shall be sent to the plaintiff instructing the plaintiff to cure the non-conformities within one week, as well as apprising the plaintiff of the possibility to use legal aid, if necessary and if entitled thereto. Where the address of the plaintiff is not named and is unknown to the court, the communication shall be effected by means of posting of a notice in a place designated for this purpose at the court in the course of one week.

(3) Where the plaintiff fails to cure the non-conformities, the statement of action together with the attachments shall be returned, and where the address is unknown, the said statement shall be left in the office of the court at the disposal of the plaintiff. An interlocutory appeal may be lodged against the return of the statement of action without presenting a duplicate copy of the said appeal for service.

(4) It shall be proceeded in the same manner where the non-conformities in the statement of action are noticed in the course of the proceeding.

(5) The cured statement of action shall be considered conforming as from the day of submission.

(6) Any official, who forwards a statement without the full amount of stamp duty having been paid, shall be liable under Article 6 of the Stamp Duty Act.

Verification of Admissibility of Action
Article 130. Where, upon verification of the statement of action, the court establishes that the action brought is inadmissible, the court shall return the statement of action. An interlocutory appeal may be lodged against the return of the statement of action without presenting a duplicate copy for service.

Answer to Statement of Action
Article 131. (1) After accepting the statement of action, the court shall transmit a duplicate copy of the said statement together with the attachments to the respondent, instructing the said respondent to submit a written answer within one month, specifying the mandatory content of the answer and the consequences of non-submission of an answer or of the non-exercise of rights, as well as the possibility to use legal aid, if necessary and if entitled thereto.

2. the name and address of the respondent, as well as of the legal representative or attorney-in-fact, if any;

3. a stand on the admissibility of the action and on whether the action is well-founded;

5. the oppositions to the action and the circumstances upon which the said oppositions are founded;

(3) In the answer to the statement of action, the respondent shall be obligated to cite the evidence and the specific circumstances which the said respondent is to prove thereby, and to present all written evidence in the possession thereof.

Answer to Statement of Action: Attachments
Article 132. The following shall be presented attached to the answer to the statement of action:

2. duplicate copies of the answer and of the attachments thereto according to the number of plaintiffs.

Consequences of Non-submission of Answer
Article 133. (Amended and supplemented, SG No. 50/2008) Where the respondent fails, within the established time limit, to submit a written answer, to take a stand, to lodge oppositions, to contest the truthfulness of a document presented, to cite evidence, to present written evidence or to exercise the rights thereof under Article 211 (1), Article 212 and Article 219 herein, the said respondent shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.

Types of Session
Article 134. (1) The court shall examine the cases sitting in public session and in camera.

(2) Hearings shall be conducted in camera in the cases provided for by the law without the parties attending.

Place and Time
Article 135. (1) Hearings of the cases shall be conducted at the building of the court. Conduct of hearings outside the building of the court shall be admissible if larger costs can be avoided in this way.

Exclusion of Publicity
Article 136. (1) The court, acting either ex officio or on a motion by any of the parties, may decree that the case be examined or only some steps be performed behind closed doors where:

2. the protection of the privacy of the parties, of the family, or of the persons under curatorship so necessitates;

3. the case involves a trade, industrial, inventor's or tax secret whereof the public disclosure would impair any defensible interests;

(2) In the cases covered under Paragraph (1), the parties, the attorneys-in-fact thereof, the expert witnesses and the witnesses, as well as the persons permitted by the presiding judge to attend, shall be admitted to the courtroom.
Examination of Motion to Exclude Publicity

Article 137. The motion shall be examined in public session behind closed doors. The ruling rendered on any such motion shall be published.

Obligation to Maintain Confidentiality
Article 138. Where a hearing has been conducted behind closed doors, the public disclosure of the content of the said hearing shall be prohibited.

Persons Who May Not Attend Hearing
Article 139. The following may not attend a court hearing without permission of the court:

Preparation of Case in Camera
Article 140. (1) After verifying the conformity and admissibility of the actions brought, as well as the other demands and oppositions of the parties, the court shall render a ruling on all preliminary issues and on admission of the evidence.

(2) Where counter demands are made in the answer, the court may alternatively pronounce on the said demands and on admission of some of the items of evidence during the first hearing of the case.

(3) The court shall schedule a hearing of the case in public session, for which the court shall summon the parties, serving thereon a duplicate copy of the ruling referred to in Paragraph (1). The court may furthermore communicate to the parties the court's draft of a report on the case, as well as direct the parties to mediation or another procedure for voluntary resolution of the dispute.

Presiding Judge's Duties
Article 141. (1) The hearing shall be chaired by the presiding judge.

(2) The presiding judge shall see to order in the courtroom and may impose fines for breach of the said order.

(4) Where, despite a warning of expulsion, order in the courtroom is breached by any party or by any representative thereof, the court may expel the offender for a specified period of time. After the expelled person returns to the courtroom, the presiding judge shall apprise him or her of the steps performed in the absence thereof by means of reading of the judicial record.

Proceeding with and Adjournment of Case
Article 142. (1) The non-appearance of any of the parties, who has been duly summoned, shall be no impediment to examination of the case. The court shall proceed with examination of the case after examining the cases to which the parties have appeared.

(2) The court shall adjourn the case if the party and the attorney-in-fact thereof cannot appear due to an obstacle which the party cannot remove.

(3) Upon adjournment of the case, the court shall announce the date of the next succeeding hearing, for which the parties and the witnesses and expert witnesses who have appeared in the case shall be considered summoned.

(4) Where another date for conduct of the hearing has to be assigned, the court, sitting in camera, shall set the said date and shall summon the parties, the witnesses and the expert witnesses.

Examination of Case in Public Session
Article 143. (1) The court, sitting in public session, after addressing the preliminary issues, shall proceed with clarification of the factual aspect of the dispute.

(2) The plaintiff may explain and amplify the statement of action, as well as cite and present evidence in connection with the contestations made by the respondent, and the respondent may cite and present new evidence which the said respondent was unable to cite and present in the answer to the statement of action.

(3) The parties shall be obligated to make and justify all demands and oppositions thereof and to take a stand on the circumstances alleged by the opposing party.

Additional Time
Article 144. (1) The respondent may move to be allowed additional time in order to take a stand on the motions for evidence made by the respondent during this hearing and to cite additional evidence in connection with the contestations made.

(2) Where the motion referred to in Paragraph (1) is granted, the court, sitting in camera, shall render a ruling on the contestations and demands made, which shall be communicated to the parties.

Instructions of Court
Article 145. (1) The court shall pose questions to the parties for clarification of the facts, specifying the relevance of the said facts to the case.

(2) (Amended, SG No. 50/2008) The court shall instruct the parties to particularize the allegations thereof and to eliminate any contradictions therein.

(3) Thereafter, the court shall invite the parties to reach a settlement and shall specify the consequences thereof. If no settlement is reached, the court shall make a report which shall be included in the judicial record.

2. the legal qualification of the rights claimed by the plaintiff, of the counter rights and the oppositions of the respondent;

(2) The court shall instruct the parties as to the facts alleged thereby in respect of which they do not cite evidence.

(3) The court shall afford the parties an opportunity to set forth the stand thereof in connection with the instructions given and the report on the case, as well as to undertake the relevant procedural steps.

(4) The court shall render a ruling on the motions for evidence of the parties, admitting the evidence which is relevant, admissible and requisite.

New Facts and Circumstances
Article 147. Prior to the conclusion of the trial, the parties may:

1. allege any new circumstances and cite and present any new evidence solely if the parties were unable to learn of such circumstances and to cite and present such evidence in due time;

2. allege any intervening circumstances, which are relevant to the case, and cite and present evidence of any such circumstances.

Taking of Evidence
Article 148. The court shall take all items of evidence admitted with the participation of the parties. If necessary, the court shall schedule a new hearing for taking of evidence which has not been taken for reasons beyond the control of the parties.

Conclusion of the Trial
Article 149. (1) After taking of the evidence, the court shall reinvite the parties to reach a settlement. If no settlement is reached, the court shall proceed with the oral arguments.

(2) When the case is clarified, the court shall declare the oral arguments concluded and shall assign a day whereon the said court is to publish the judgment.

(3) If the case is of factual and legal complexity, the court, acting on a motion by any of the parties, may set a suitable time limit for presentation of written defences. Written defences shall be presented with duplicate copies according to the number of parties.

Judicial Record of Hearing
Article 150. (1) A judicial record on the examination of the case shall be prepared, entering therein the place and time of the hearing, the composition of the court, the name of the clerk, the parties who appeared and the representatives thereof, the essence of the parties' statements, demands and speeches, the written evidence presented, the testimony of the witnesses and of the other persons in the case, and the findings and rulings of the court.

(2) The judicial record shall be prepared under the dictation of the presiding judge. The said record shall be made available to the parties within three days after the hearing.

(3) If technically possible, a sound recording of the hearing shall be made and the judicial record shall be prepared on the basis of the said recording within three days.

(4) The judicial record shall be signed by the presiding judge and by the clerk.

Correction and Amplification of Judicial Record
Article 151. (1) Within one week after the judicial record is made available to the parties, each participant in the procedure may move for the amplification or correction of the said record.

(2) If a sound recording has been made during the hearing, any corrections and amplification of the judicial record shall be admitted solely on the basis of the sound recording.

(3) If no sound recording has been made during the hearing, any corrections and amplification of the judicial record shall be admitted solely on the basis of notes taken on the content of the said record.

(4) The court shall pronounce on the motion for corrections and amplification of the judicial record after summoning the parties and the petitioner and after hearing the sound recording or, respectively, the explanations of the clerk.

(5) The sound recording shall be preserved until expiry of the time limit for motion for corrections and amplification of the judicial record or, if such a motion has been made, until the entry into effect of the judgment in the case.

Evidential Value of Judicial Record
Article 152. The judicial record of the court hearing shall be evidence of the court procedural steps performed during the court hearing. Any steps which are not attested in the judicial record shall be considered non-performed.

What Is to Be Proved
Article 153. The contested facts relevant to adjudication of the case and the links therebetween shall be subject to proving.

Burden of Proof
Article 154. (1) Each party shall be obligated to establish the facts upon which the demands or oppositions thereof are founded.

(2) Facts in respect of which a presumption established by law exists need not be proved. Refutation of such presumptions shall be granted in all cases except where a law prohibits this.

Facts Not to Be Proved
Article 155. Any facts of common knowledge and any facts known to the court ex officio, of which the court shall be obligated to inform the parties, shall not have to be proved.

Motion for Evidence
Article 156. (1) In a motion for evidence, a party shall cite the facts and the means by which the said facts will be proved.

(2) In a motion for admission of an examination of a witness, the party shall cite the facts about which the said witness is to be examined, the forename, patronymic and surname of the said witness and the address, where the party motions for the summoning thereof.

(3) A motion for admission of explanations by the other party shall formulate the questions which the other party is to answer.

(4) A motion for admission of an expert examination shall specify the field in which special knowledge is required, the subject and the task of the expert examination.

Admission of Evidence
Article 157. The court shall render a ruling on admission of evidence, setting thereby a time limit for the taking of such evidence as well. The said time limit shall begin to run as from the day of the court hearing during which the said time limit was set, and this beginning shall apply as well to the party who did not appear.

Time Limit for Taking of Evidence
Article 158. (1) If the taking of any item of evidence is doubtful or presents a special difficulty, the court may set a relevant time limit for the taking of the said item, after the expiry of which the case shall be heard without the said item of evidence.

(2) Upon the further examination of the case, the said item of evidence may be taken, if this does not delay the proceeding.

Non-admission of Evidence
Article 159. (1) Any motions by the parties for admission of evidence regarding facts which are irrelevant to adjudication of the case, as well as any untimely motions for admission of evidence, shall be denied by the court by a ruling.

(2) Where a party names multiple witnesses for the establishment of the same fact, the court may admit only some of the said witnesses. The rest of the witnesses shall be admitted if the witnesses summoned do not establish the contested fact.

Costs of Taking of Evidence
Article 160. (1) Where costs have to be incurred on the taking of evidence, the court shall set an amount and a time limit for depositing of the said costs. The said time limit shall begin to run as from the day of the court hearing during which the said time limit was set, and this beginning shall apply as well to the party who did not appear.

(2) The evidence shall be taken after presentation of documentary proof of making the deposit set for costs.

(3) The time limit for depositing of costs shall be interrupted by the submission of a petition for waiver of the depositing of such costs and shall not run while the said petition is examined.

Consequences of Obstruction of Proving
Article 161. Considering the circumstances of the case, the court may hold as proved the facts in respect of which a party has created impediments to the taking of admitted evidence.

Discretionary Power
Article 162. Where the action is established as to cause but there is no sufficient information about the amount of the said action, the court shall determine the said amount at its own discretion or shall consult the conclusion of an expert witness.

Duty to Testify
Article 163. (1) A witness shall be obligated to appear before court in order to give testimony.

(2) If there is an important reason, the examination of the witness may be conducted even before the day assigned for the hearing, as well as outside the premises of the court. The parties shall be summoned for any such examination.

Admissibility of Testimony
Article 164. (1) Testimony shall be admitted in all cases except where:

1. legal transactions, for the validity whereof a law requires a written instrument, have to be established;

3. circumstances have to be established, for the proving whereof a law requires a written instrument, as well as for establishment of contracts to a value exceeding BGN 5,000, except where concluded between spouses or lineal relatives, collateral relatives up to the fourth degree of consanguinity and affines up to the second degree of affinity;

5. written accords have to be established, wherein the party moving for the witnesses has participated, or such accords have to be modified or repudiated;

6. the content of a private document originating from the party has to be denied.

(2) In the cases referred to in Items 3, 4, 5 and 6 of Paragraph (1), testimony shall be admitted solely with the express consent of the parties.

Exceptions to Inadmissibility
Article 165. (1) In the cases where the law requires a written document, testimony shall be admitted if it is proved that the document has been lost or destroyed not through the fault of the party.

(2) Testimony shall furthermore be admitted where the party seeks to prove that the consent expressed in the document is simulated, and then if there is written evidence in the case originating from the other party or attesting statements of the other party before a state body, which lend probability to the allegation of the party that the consent is simulated. This limitation shall not apply to the third parties, as well as to the heirs, where the transaction is directed thereagainst.

Refusal to Testify
Article 166. (1) No one has the right to refuse to testify except:

1. the attorneys-in-fact of the parties to the same case and the persons who were mediators in the same dispute;

2. the lineal relatives to the parties, the siblings and the affines in the first degree of affinity, the spouse and the former spouse, as well as the de facto cohabitee with a party.

(2) The persons who, by the answers thereof, would incur or inflict on the persons referred to in Item 2 of Paragraph (1) any immediate damage, defamation or criminal prosecution, may not refuse to testify but may refuse to give an answer to a particular question, stating the reasons for this.

(3) The witnesses in the case may not be attorneys-in-fact of the parties to the same case.

Dereliction of Duty to Testify
Article 167. (1) Any witness, who refuses to give testimony or to answer particular questions, shall be obligated to state the reasons for this in writing and to attest the said reasons before the hearing whereat the said witness is to be examined, or orally before the court.

(2) Any witness, who has failed to comply with the obligation thereof under Article 163 herein and has so delayed the proving:

1. shall reimburse the parties for the costs incurred as a result of non-compliance with the said obligation;

Witness's Entitlement to Remuneration
Article 168. A witness shall be entitled to remuneration and to costs for appearance in court, if claimed by the said witness before the end of the court hearing. The remuneration and the costs shall be paid from the deposit made.

Summoning a Witness
Article 169. (1) If a witness cannot be summoned at the address named by the party, the court shall set a time limit for naming another address.

(2) If the party fails to act on the instructions of the court, the witness shall not be summoned.

Promise to Tell the Truth
Article 170. (1) Before the examination of a witness, the court shall establish the identity thereof, shall clarify the information as to whether the said witness may be interested, and shall remind the witness of the liability incurrable under the law for perjury.

Conduct of Examination
Article 171. (1) Each witness shall be examined separately in the presence of the parties who have appeared. Any witnesses, who have not yet given testimony, may not be present at the examination of the other witnesses.

(2) A witness may be re-examined during the same hearing or during another hearing on a motion by the said witness, on a petition by the party, or on the initiative of the court.

(3) The court, acting on a motion by a party or on its own initiative, may include in the judicial record any specific peculiarities in the behaviour of the witness under examination.

Evaluation of Testimony
Article 172. The testimony of relatives, of the tutor or of the curator of the party who has named the witness, of the adopters, of the adoptees, of those who are in a civil or criminal dispute with the opposing party or with the relatives thereto, of the attorneys-in-fact named by the principals thereof, as well as of everybody else who are interested toward or against one of the parties, shall be evaluated by the court considering all other information on the case, giving consideration to the possibility of any such persons being interested witnesses.

Witness's Examination on Court's Initiative
Article 173. The party may abandon the examination of a witness whom the said party has invoked, but the said witness shall be examined if the other party so moves or if the court determines that the examination of the said witness is necessary for clarification of the circumstances of the case.

Confrontation
Article 174. In case of discrepancy between the testimonies of the witnesses, the court may decree the conduct of a confrontation. A confrontation may furthermore be decreed between a witness and the parties.

Judicial Admission of Fact
Article 175. An admission of a fact, made by a party or by a representative thereof, shall be evaluated by the court considering all circumstances of the case.

Explanations by Party
Article 176. (1) The court may order a party to appear in person in order to provide explanations about the circumstances of the case.

(2) The court shall communicate to the party obligated to appear in person the questions which the said party must answer, warning the said party of the consequences of non-compliance with this obligation.

(3) The court may hold as proved the circumstances for the clarification of which the party has failed to appear or has refused to answer without reasonable excuse, as well as where the party has given evasive or unclear answers.

(4) Where the party is unable to appear before the court owing to a hardly surmountable impediment, the explanations of the said party may be provided to a delegated court.

Scope of Application
Article 177. (1) The following shall provide explanations as parties to the case:

3. the debtors and the trustee in bankruptcy in cases related to the bankruptcy estate;

(2) Where the party is an infant or a full interdict, the court may hear the legal representative of the said party. Where the party is a minor or a limited interdict, the court may examine the said party in the presence of the parent or curator thereof.

Evidential Value
Article 178. (1) The evidential value of documents shall be determined conforming to the law which was in force at the time and in the place where the said documents were drafted.

(2) The court shall evaluate the evidential value of the document which contains any crossings, deletions, insertions between the lines and other apparent blemishes, considering all circumstances of the case. This rule shall not apply to a signed electronic document.

Official Document
Article 179. (1) An official document, issued by an official within the official responsibilities thereof in the established form and according to the established procedure, shall constitute evidence of the statements made before the said official and of the steps performed by and before the said official.

(2) Officially authenticated duplicate copies or excerpts of official documents shall have the same evidential value as the originals.

Private Document
Article 180. Private documents, signed by the persons who issued the said documents, shall constitute evidence that the statements contained therein were made by the said persons.

Valid Date of Private Document
Article 181. (1) A private document shall be validly dated in respect of third parties as from the day of authentication of the said document or from the day of death, or from the occurrence of a physical incapacity of being signed by the person who signed the document, or as from the day on which the content of the document was reproduced in an official document, or as from the day on which another fact occurred, proving beyond doubt the preceding drafting of the document.

(2) To establish the date of receipts on a payment effected, the court may admit any means of proof, considering the circumstances of the case.

Account Book Entries
Article 182. Entries in account books shall be evaluated by the court according to the regularity of the said entries and considering the other circumstances of the case. Any such entries may serve the person or organization who or which has kept the books as evidence.

Presentation of Documents on Paper-Based Data Medium
Article 183. Where a document is filed with the case records, the said document may alternatively be presented in a duplicate copy authenticated by the party, but in such case, upon request, the said party shall be obligated to present the original of the document or an officially authenticated duplicate copy thereof. Failing this, the duplicate copy presented shall be excluded from the evidence in the case.

Presentation of Electronic Document
Article 184. (1) An electronic document may be presented reproduced on a paper-based data medium in the form of a duplicate copy authenticated by the party. Upon request, the party shall be obligated to present the document on an electronic data medium.

(2) If the court does not have at its disposal technical means and experts making it possible to reproduce the electronic document and to duly verify the electronic signature in the courtroom in the presence of the persons who appeared, electronic copies of the document shall furthermore be presented to each of the parties to the case. In such case, the truthfulness of the electronic document may be contested during the next succeeding court hearing.

Presentation of Document in Foreign Language
Article 185. Any document presented in any language other than Bulgarian shall be accompanied by an accurate translation into the Bulgarian language, authenticated by the party. If the court is unable to verify the accuracy of the translation on its own or if the accuracy of the translation is contested, the court shall appoint an expert witness to perform verification.

Presentation of Official Documents
Article 186. Official documents and certificates shall be presented by the parties. The court may require such documents from the relevant institution or may furnish the party with a court certificate on the basis of which the said party is to obtain the said documents. The institution shall be obligated to issue the documents required or to explain the reasons for not issuing the said documents.

Presentation of Published Items
Article 187. Items published in print shall be presented by the parties, but when the court can procure such items on its own without particular difficulty, it shall be sufficient for the party to cite where the said items were published.

Conversion of Official Document
Article 188. Any document issued by a non-competent authority or not in the prescribed form shall be relevant as a private document if signed by the parties.

Document Issued by Illiterate or Blind Person
Article 189. (1) Any private document issued by an illiterate person must bear, in lieu of a signature, an impression of the right thumb of the said person and must be countersigned by two witnesses. If the impression of the right thumb cannot be affixed, the reason for this must be noted in the document, as well as the impression of which other finger has been affixed.

(2) Any private document issued by a blind but literate person must be countersigned by two witnesses.

Obligating Party to Present Document
Article 190. (1) Each party may approach the court with a motion to obligate the other party to present a document in the possession thereof, explaining the relevance of the said document to the dispute.

(2) Non-presentation of the document shall be evaluated according to Article 161 herein.

Grounds for Refusal to Present
Article 191. (1) Presentation of a document may be refused where:

1. the content of the document concerns circumstances of the personal or family life of the party;

2. this would lead to defamation or to criminal prosecution of the party or of any relatives thereto within the meaning given by Article 166 herein.

(2) Where the grounds covered under Paragraph (1) affect parts of the document, the party may be obligated to present an abstract of the document authenticated thereby.

Obligating Third Party to Present Document
Article 192. (1) Each party may approach the court with a written petition to obligate a person non-participating in the case to present a document in the possession thereof.

(2) A duplicate copy of the petition shall be transmitted to the third party, and a time limit shall be set thereto for presentation of the document.

(3) In addition to the liability under Article 87 herein, the third party, who groundlessly fails to present the required document, shall furthermore incur liability to the party for the damages inflicted thereon.

Contesting Truthfulness of Document
Article 193. (1) The interested party may contest the truthfulness of a document at the latest by the answer to the court procedural step whereby the said document was presented. Where the document is presented during a court hearing, contestation may be made at the latest before the end of the hearing.

(2) The court shall decree the performance of verification of the truthfulness of the document if the other party states that it wishes to avail itself of the said document.

(3) The burden of proving the falsity of the document shall be upon the party contesting the said document. Where the truthfulness of a private document, which does not bear the signature of the contesting party, is contested, the burden of proving the truthfulness shall be upon the party who presented the said document.

Verification of Document
Article 194. (1) The court shall perform verification by means of comparison with other uncontested documents, by means of examination of witnesses, or by means of expert witnesses.

(2) After the verification, the court shall render a ruling acknowledging either that the contestation is not proved or that the document is false. In the latter case, the court shall exclude the said document from the evidence, transmitting the said document to the prosecutor together with the ruling of the court.

(3) The court may alternatively pronounce on the contestation of the document by the judgment thereof in the case. In such case, the document, together with a duplicate copy of the judgment, shall be transmitted to the prosecutor.

Appointment of Expert Witness
Article 195. (1) An expert witness shall be appointed either on a motion by a party or ex officio where special knowledge in the field of science, art, skilled crafts and other such is necessary for clarification of certain questions which have arisen in the case.

(2) The court may appoint multiple expert witnesses as well, where this is necessitated considering the circumstances of the case.

Exclusion of Expert Witness
Article 196. (1) The provisions of Article 22 (1) herein shall apply, mutatis mutandis, to expert witnesses as well.

(2) Each of the parties may move for the exclusion of an expert witness if any of the grounds referred to in Paragraph (1) applies.

(3) The expert witness shall be obligated to communicate to the court immediately all circumstances which may be grounds for exclusion. The expert witness shall be obligated to express an opinion on the allegations in the petition for the exclusion thereof.

(4) The court shall render a ruling on the motion for exclusion of an expert witness.

Assignment of Expert Examination
Article 197. (1) The ruling whereby the court appoints an expert witness shall specify: the subject and the task of the expert examination; the materials which are provided to the expert witness; the name, education and specialist qualifications of the expert witness.

(2) The court shall allow the expert examination a suitable time for preparation of the conclusion. The expert witness shall notify the court when the said expert witness is unable to prepare the conclusion within the time limit set, and shall state the time limit that the said expert witness will need.

Excusal of Expert Witness
Article 198. An expert witness as appointed shall be excused from the task assigned thereto where the said expert witness is unable to fulfil the said task for lack of qualifications, an illness or another reason beyond the control thereof, under the terms established by Article 166 herein, or where the conclusion has not been prepared in due time.

Presentation of Conclusion
Article 199. The expert witness shall be obligated to present the conclusion thereof at least one week before the court hearing.

Hearing of Expert Witness
Article 200. (1) The court shall remind the expert witness of the liability incurrable thereby for giving a false conclusion.

(2) The expert witness shall set forth orally the conclusion thereof. The parties may pose questions for clarification of the conclusion.

(3) Upon contestation of the conclusion, the court may appoint another or multiple expert witnesses. Contestation may be made pendente lite.

Additional and Second Conclusion
Article 201. An additional conclusion shall be assigned where the conclusion is not sufficiently complete and clear, and a second conclusion shall be assigned where the conclusion is not justified and gives rise to any doubt as to the correctness thereof.

Evaluation of Conclusion
Article 202. The court shall not be obligated to accept the conclusion of the expert witness but shall consider the said conclusion together with the rest of the evidence in the case.

Dissent between Expert Witnesses
Article 203. In the event of dissent between expert witnesses, each group shall set forth the separate opinions thereof. Where the court cannot take a stand on the dissent, the court shall require from the same expert witnesses additional research or shall appoint other expert witnesses.

Admission of Inspection and Certification
Article 204. (1) The court, acting on a motion by the parties or at its own discretion, may assign an inspection of movable or immovable things or certification of persons with the participation or without the participation of witnesses and expert witnesses.

(2) Inspection and certification shall be methods of taking and verification of evidence. They shall be performed by the entire panel of the court, by a delegated member of the court, or by another delegated court.

(3) The court shall notify the parties of the place and time of the inspection. A memorandum shall be drawn up on the inspection performed, including the findings of the inspection, the explanations of the expert witnesses, and the explanations of the witnesses who have been examined in the place of the inspection.

Duty to Cooperate
Article 205. The provisions regarding documents shall apply to the duty to provide, surrender or afford access to the subject of inspection.

Certification
Article 206. (1) A person may be certified solely with the consent thereof.

(2) Certification shall be performed in a manner which does not impair the personal dignity of the person certified. To this end, the judge need not attend the certification in person and may assign the performance of the certification to appropriate expert witnesses.

(3) A refusal of a person to be certified shall be evaluated according to Article 161 herein.

Perpetuation of Evidence
Article 207. Where there is a risk that some item of evidence may be lost or the taking thereof may be impeded, the party may move for the anticipatory taking of the said item of evidence.

Proceeding for Perpetuation of Evidence
Article 208. (1) The petition for perpetuation of evidence shall be submitted to the court which examines the case, and if the case has not yet been instituted, any such petition shall be submitted to the regional court exercising jurisdiction over the permanent address of the person to be examined or over the location of the immovable to be inspected.

(2) A duplicate copy of the petition for perpetuation of evidence shall be served upon the other party.

(3) The ruling of the court, whereby the petition is dismissed, shall be appealable by an interlocutory appeal.

(4) Within the same proceeding, the court may take evidence cited by the other party if the said evidence is closely related to the evidence cited by the petitioner.

(5) Where the petitioner is not in a position to name the name and address of the other party, the court shall appoint a representative of the said other party.

(6) The general rules shall apply regarding the procedure for taking of evidence and the value thereof.

Costs
Article 209. The costs of taking of evidence shall not be awarded in favour of the party in the proceeding for perpetuation of evidence. The said costs shall be taken into consideration subsequently upon resolution of the dispute.

Initial Joinder of Actions
Article 210. (1) The plaintiff may bring several actions against the same respondent by a single statement of action if the said actions are cognizable in the same court and are subject to examination according to the procedure of the same proceeding.

(2) Where the actions brought are not subject to examination according to the procedure of the same proceeding or where the court determines that the joint examination of the said actions will be considerably impeded, the court shall decree a disjoinder of the said actions.

Counter Action
Article 211. (1) Within the time limit for an answer to the statement of action, the respondent may bring a counter action if the said action is generically cognizable in the same court and is connected with the original action or if the said action can be set off against the original action.

(2) The counter action shall be brought according to the rules applicable to the bringing of an action. Where the court determines that the joint examination of the counter action will be considerably impeded, the court shall decree a disjoinder of the said counter action.

Incidental Action
Article 212. During the first hearing for examination of the case, the plaintiff and, in the answer to the statement of action, the respondent, may approach the court with a motion to pronounce, in the judgment thereof, inter alia regarding the existence or non-existence of a disputed legal relation upon which the outcome of the case depends in whole or in part.

Ex Officio Joinder of Actions
Article 213. Where several cases, in which the same persons participate for the plaintiff and for the respondent and which are interconnected, are pending before the court, the court may join the said cases in a single proceeding and may render a joint judgment in the said cases.

Modification of Action
Article 214. (1) During the first hearing for examination of the case, the plaintiff may modify the grounds of the action thereof if the court deems this appropriate considering the defence of the respondent. The plaintiff may furthermore, without modifying the grounds, modify the demand thereof. Prior to the conclusion of the trial in the court of first instance, the plaintiff may modify solely the amount of the demand made, as well as transfer from an action for a declaratory judgment to an action for performance and vice versa.

(2) The addition of overdue interest or of yields of the thing collected after the action is brought shall not be treated as an increase of the demand.

Admissibility
Article 215. An action may be brought by several plaintiffs or against several respondents if the subject matter of the dispute are:
1. their common rights or obligations, or

Procedural Steps
Article 216. (1) Each of the co-parties shall act independently. The procedural steps performed or omitted by each co-party shall neither benefit nor injure the rest of the co-parties.

(2) Where, considering the nature of the contested legal relation or as dictated by the law, the judgment of the court must be identical in respect of all co-parties (necessary joinder of parties), the steps performed by some of them shall be also relevant to the co-parties who have not appeared or who have not performed such steps. In this case, too, however, the consent of all co-parties shall be required for conclusion of a settlement and for withdrawal or abandonment of the action.

Allegations Regarding Common Facts
Article 217. If the factual allegations by the co-parties regarding the common facts conflict each other, the court shall evaluate the said allegations in relation to all circumstances of the case.

Third Party Intervention
Article 218. A third party may intervene prior to the conclusion of the trial in the court of first instance in order to assist one of the parties if the said third party has an interest in the judgment being rendered in favour of the said party.

Impleader of Third Party
Article 219. (1) During the first hearing for examination of the case, the plaintiff and, by the answer to the statement of action, the respondent may implead a third party where the said party has the right to intervene in order to assist.

(2) The impleader shall not be granted if the third party does not have a permanent address in the Republic of Bulgaria or is resident abroad.

(3) The party who has a recourse action against the third party may bring the said action for joint examination simultaneously with the motion for impleader.

Admission of Participation
Article 220. The court shall render a ruling on admission of the third party. The ruling whereby the third party is not admitted shall be appealable by an interlocutory appeal.

Third Party's Rights
Article 221. (1) The third party shall have the right to perform all court procedural steps with the exception of the steps constituting disposition of the subject matter of the dispute.

(2) In the event of a conflict between the steps and the explanations of the party and of the third party, the court shall evaluate the said steps and explanations in connection with all circumstances of the case.

Substitution for Party Assisted
Article 222. With the consent of both parties, the third party who has intervened or who has been impleaded may substitute himself or herself for the party assisted thereby and may excuse the said party.

Effect of Judgment
Article 223. (1) The judgment rendered shall have a declaratory effect in the relations of the third party and the opposing party.

(2) What the court has declared in the reasoning to the judgment thereof shall be binding upon the third party in the relations thereof with the party assisted thereby or with the party who has impleaded the said third party. What the court has declared in the reasoning to the judgment thereof may not be contested under the pretext that the party has misconducted the case, except where the said party, acting wilfully or by gross negligence, has omitted to raise circumstances or evidence unknown to the third party.

Impleader of Person Claiming Own Rights
Article 224. (1) The respondent shall be excused from participation in the case if the said respondent deposits the amount or corporeal thing claimed and impleads the person who also claims rights of his or her own thereto. In such case, the case shall proceed solely between the two creditors.

(2) If the person impleaded fails to intervene in the case, the proceeding shall be terminated and the amount or corporeal thing deposited shall be delivered to the plaintiff.

(3) Where the respondent makes the motion for impleader by the answer to the statement of action, the said respondent shall not be liable for the costs.

Principal Intervention
Article 225. (1) The third party, who holds independent rights to the subject matter of the dispute, may intervene in the case by bringing an action against both parties.

(2) The bringing of an action by a third party shall be admitted prior to the completion of the trial in the court of first instance.

Transfer of Contested Right
Article 226. (1) If in the course of the proceeding the contested right is transferred to another, the case shall follow its course between the original parties.

(2) The transferee may intervene or be impleaded in the case as a third party. The said transferee may substitute himself or herself for the grantor thereof solely under the terms established by Article 222 herein.

(3) The judgment rendered shall in any case constitute res judicata in respect of the transferee as well, with the exception of the steps of recording, where a corporeal immovable is involved (Article 114 of the Ownership Act), and where acquisition of ownership by bona fide possession (Article 78 of the Ownership Act), where movable things are involved.

Succession in Procedure
Article 227. Where the party dies or the legal person ceases to exist, the proceeding in the case shall continue with the participation of the successor.

Replacement of Party
Article 228. (1) A modification of the action through replacement of any of the parties by another party shall be admissible during any stage of the proceeding in the court of first instance with the consent of both parties and of the person who intervenes as a party to the case.

(2) The consent of the respondent shall not be necessary where the plaintiff abandons the action thereof in respect of the said respondent.

(3) The plaintiff may direct the action thereof against a respondent who does not agree to intervene in the case. In such case, however, the action against the new respondent shall be considered brought as from the day on which the statement of action against the said respondent has been received in the court.

3. where it is necessary to institute tutorship or curatorship for any of the parties;

4. where a case is examined in the same or in another court and the judgment in the said case will be relevant to the correct resolution of the dispute;

5. where, upon examination of a civil case, criminal circumstances are discovered and the outcome of the civil dispute depends on the establishment of the said circumstances;

6. where the Constitutional Court has admitted to examination on the merits a motion whereby the constitutionality of a law applicable to the case is contested;

(2) In the cases referred to in Item 1 of Paragraph (1), if the prosecutor participates in the case together with any of the parties, the stay shall require the consent of the said prosecutor as well. In the cases referred to in Items 2 and 3 of Paragraph (1), if the trial has been concluded, the proceeding shall be stayed after rendition of the judgment in the case.

(3) A stay of the case with the consent of the parties shall be granted on a single occasion during the proceeding in the court of any instance.

Resumption of Proceeding
Article 230. (1) The proceeding shall be resumed either ex officio or on a motion by one of the parties, after removal of the impediments to the progress of the case, for which the court, in the cases of a death of the plaintiff and under Items 3 to 6 of Article 229 (1) herein, shall take the appropriate measures of its own motion.

(2) Upon death of the respondent, the plaintiff shall be obligated, within six months after the communication, to name the successors to the said respondent and the addresses of the said successors or to take measures for appointment of an administrator of the vacant succession or for summoning of the successors according to the procedure established by Article 48 herein. Upon failure to comply with this obligation, the case shall be dismissed.

(3) Upon resumption, the proceeding shall commence from the step whereat the proceeding was stayed.

Termination of Proceeding
Article 231. (1) A proceeding stayed by mutual consent of the parties shall be terminated if none of the parties has moved for the resumption of the proceeding within six months after the stay thereof. If a judgment has been rendered, it shall be invalidated.

(2) Sentence two of Article 232 herein shall apply in the case referred to in Paragraph (1).

Withdrawal of Action
Article 232. The plaintiff may withdraw the statement of action thereof without the consent of the respondent before the end of the first hearing of the case. If the plaintiff brings the same action again, the said plaintiff may use the evidence taken in the new case solely if there is a hardly surmountable impediment to the taking anew of the said evidence.

Abandonment of Action
Article 233. The plaintiff may abandon, in whole or in part, the contested right during any stage of the proceeding. In such case, the plaintiff may not bring the same action again. Where the abandonment has been made before the court of intermediate appellate review instance or the court of cassation instance, the judgment appealed shall be invalidated.

Court Settlement
Article 234. (1) A memorandum shall be drawn up on any settlement which does not conflict with the law and with good morals, and the said memorandum shall be approved by the court and shall be signed thereby and by the parties.

(2) Where the prosecutor participates as a party to the case, the court shall approve the settlement after consulting the prosecutor as well.

(3) The court settlement shall have the relevance of an effective judgment and shall not be appealable before a superior court.

(4) Where the settlement refers to only part of the dispute, the court shall proceed with examination of the case in respect of the unsettled part.

Rendition of Judgment
Article 235. (1) The judgment shall be rendered by the court panel which has participated in the hearing during which the examination of the case was completed.

(2) The court shall found the judgment thereof on the circumstances of the case held thereby as established and on the law.

(3) The court shall furthermore take into account the facts which have intervened since the action was brought, which are relevant to the contested right.

(4) The judgment, together with the reasoning thereto, shall be reduced to writing.

(5) The court shall publish the judgment thereof with the reasoning within one month after the hearing during which the examination of the case was completed. The judgment shall be published in the register of judgments of courts, which shall be open to public inspection and shall be freely accessible to everyone.

2. a reference to the court, the names of the judges, of the clerk and of the prosecutor, where a prosecutor has participated in the case;

7. whether the judgment is appealable, before which court and within what time limit.

(2) The court shall set forth reasoning to the judgment, stating therein the demands and oppositions of the parties, the evaluation of evidence, the findings of fact and the legal conclusions reached by the court.

(3) The judgment shall be signed by all judges who have participated in the rendition thereof. Where any of the judges is unable to sign the judgment, the presiding judge or the senior judge shall note the reasons for this on the judgment.

Judgment upon Admission of Demand
Article 237. (1) Where the respondent admits the demand, the court, acting on a motion by the plaintiff, shall terminate the trial and shall render judgment conforming to the admission.

(2) The reasoning to the judgment shall suffice to state that the said judgment is based on the admission of the demand.

Judgment by Default
Article 238. (1) If the respondent has failed to present an answer to the statement of action in due time and fails to appear during the first hearing of the case without having moved for examination of the case in the absence thereof, the plaintiff may move for rendition of a judgment by default against the respondent or may withdraw the action.

(2) The respondent may not move for dismissal of the case and award of costs or for rendition of a judgment by default against the plaintiff if the said plaintiff fails to appear during the first hearing of the case, has not taken a stand on the answer to the statement of action, and has failed to move for examination of the case in the absence thereof. If the plaintiff brings the same action again, sentence two of Article 232 herein shall apply.

(3) If the plaintiff has not cited and has not presented evidence by the statement of action thereof and the respondent has not submitted an answer in due time, and if both parties fail to appear during the first hearing of the case without having moved that the case be examined in the absence thereof, the case shall be dismissed.

Rendition of Judgment by Default
Article 239. (1) The court shall render a judgment by default where:

1. the parties have been instructed about the consequences of a failure to observe the time limits for exchange of papers and of the non-appearance of the parties during a court hearing;

2. the action is probably well-founded considering the circumstances cited in the statement of action and the evidence presented or is probably unfounded considering the oppositions raised and the evidence supporting the said oppositions.

(2) A judgment by default shall not be reasoned on the merits. It shall suffice to indicate in any such judgment that it is founded on the existence of the prerequisites for rendition of a judgment by default.

(3) Where the court determines that the prerequisites for rendition of a judgment by default do not apply, the court shall deny the motion by a ruling and shall proceed with examination of the case.

Remedy against Judgment by Default
Article 240. (1) Within one month after the service of the judgment by default, the party whereagainst the said judgment has been rendered may approach the intermediate appellate review court with a motion for reversal of the said judgment if the said party has been deprived of an opportunity to participate in the case owing to:

1. undue service of the duplicate copy of the statement of action or the summonses for the court hearing;

2. an impossibility to learn in due time of the service of the duplicate copy of the statement of action or the summonses for the court hearing owing to special unforeseen circumstances;

3. an impossibility to appear in person or through counsel owing to special unforeseen circumstances which the party was unable to overcome.

(2) (Amended, SG No. 50/2008) The party whereagainst a judgment by default has been rendered may claim the same right by an action or may contest the same right, where newly discovered circumstances or new written evidence of material relevance to the case are discovered, which could not have been known to the said party upon adjudication of the said case or which the said party could not procure in due time.

(3) The action referred to in Paragraph (2) may be brought within three months after the day whereon the party learnt of the intervening circumstance or after the day whereon the party could procure the new written evidence, but not later than one year after extinguishment of the receivable.

Deferral and Rescheduling of Enforcement
Article 241. (1) Upon rendition of the judgment, the court may defer or reschedule the enforcement thereof considering the property status of the party or other circumstances.

(2) The court may not reschedule the enforcement of any judgment in respect of which rescheduling is provided for by law.

Admission to Anticipatory Enforcement
Article 242. (1) The court shall decree anticipatory enforcement of the judgment where the court awards maintenance, remuneration and compensation for work.

(2) The court, acting on a motion by the plaintiff, may furthermore admit the judgment to anticipatory enforcement where:

3. the delay of enforcement may result in material and irreparable damages to the plaintiff or the enforcement itself would become impossible or be considerably impeded.

(3) In the cases referred to in Paragraph (2), the court may order the plaintiff to furnish due security in advance.

Inadmissibility of Anticipatory Enforcement
Article 243. (1) Anticipatory enforcement shall not be admitted even against security if the enforcement may result in the infliction on the respondent of an irreparable damage or a damage which is unappraisable in terms of a specific monetary amount. Sentence one shall not apply to any judgments whereby maintenance or remuneration for work is awarded.

(2) Enforcement of any judgment against the State, the government institutions and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act, which has not entered into effect, shall be inadmissible.

Appellate Review of Ruling
Article 244. The ruling, whereby the judgment is admitted to anticipatory enforcement or such enforcement is refused, shall be appealable by an interlocutory appeal.

Stay and Termination of Anticipatory Enforcement
Article 245. (1) The execution debtor whereagainst anticipatory enforcement has been admitted may, except in the cases referred to in Article 242 (1) herein, stay the enforcement by furnishing security to the execution creditor according to Articles 180 and 181 of the Obligations and Contracts Act.

(2) Enforcement shall furthermore be stayed where the judgment appealed is reversed.

(3) If the action is thereafter dismissed by an effective judgment, enforcement shall be terminated. In such case the court which has rendered the judgment shall issue the execution debtor a writ of execution against the execution creditor for recovery of the amounts or corporeal things received on the basis of the anticipatory enforcement of the reversed judgment as admitted.

Judgment Non-Withdrawable
Article 246. After publishing the judgment in the case, the court may not reverse or modify the said judgment of its own motion.

Correction of Apparent Error of Fact
Article 247. (1) The court, acting on its own initiative or on a petition by the parties, may correct any apparent errors of fact made in the judgment.

(2) The court shall send a communication to the parties regarding the correction sought, instructing the parties to present an answer within one week.

(3) The court shall summon the parties to a public session where the said court deems this necessary.

(4) The judgment of correction shall be served upon the parties and shall be appealable according to the procedure applicable to appellate review of the judgment.

Modification of Judgment in Part Concerning Costs
Article 248. (1) Within the time limit for appellate review and, if the judgment is unappealable, within one month after rendition of the said judgment, the court, acting on a motion by the parties, may amplify or modify the judgment as rendered in the part thereof concerning the costs.

(2) The court shall send a communication to the opposing party regarding the amplification or modification sought, instructing the said party to present an answer within one week.

(3) The ruling on the costs shall be rendered in camera and shall be served upon the parties. The said ruling shall be appealable according to the procedure applicable to appellate review of the judgment.

Settlement after Conclusion of Trial
Article 249. The court shall invalidate the judgment rendered thereby if, before the entry into effect of the said judgment, the parties declare that they have reached a settlement and move for a dismissal of the case.

Amplification of Judgment
Article 250. (1) A party may move for amplification of the judgment if the court has not pronounced on the entire motion of the said party. A petition for such amplification may be submitted within one month after the service of the judgment or after the entry into effect of the said judgment.

(2) The court shall send a communication to the opposing party regarding the amplification sought, instructing the said party to present an answer within one week. The petition shall be examined in public session with the parties being summoned, where the court deems this necessary with a view to clarifying the unresolved part of the dispute.

(3) The court shall render an additional judgment which shall be appealable according to the standard procedure.

Interpretation of Judgment
Article 251. (1) Any disputes over interpretation of an effective judgment shall be examined by the court which has rendered the said judgment.

(3) The court shall send a communication to the parties regarding the interpretation sought, instructing the said parties of the possibility to present an answer within one week.

(4) The court shall summon the parties to a public session, where the said court deems this necessary.

(5) The judgment of interpretation shall be appealable according to the procedure applicable to appellate review of the judgment which is interpreted.

Scope of Application
Article 252. The court shall render a ruling where the court pronounces on any issues whereby the dispute is not resolved on the merits.

Rulings Withdrawable
Article 253. Any rulings which do not conclude the case may be modified or vacated by the same court consequent to a change of circumstances, an error or an omission.

Ruling: Content
Article 254. (1) Any ruling whereby the court pronounces on conflicting motions by the parties, as well as any ruling whereby a motion is denied, shall be reasoned. The motions by the parties and the circumstances of the case in connection with the said motions shall be cited in the reasoning, insofar as this is necessary.

2. a reference to the court, the names of the judges of the court panel and of the parties;

6. whether the ruling is appealable, before which court and within what time limit;

Petition to Set Time Limit in Case of Unreasonable Delay
Article 255. (1) Where the court fails to perform a particular procedural step in due time, the party may, during any stage of the proceeding, submit a petition to set an appropriate time limit for performance of the said step.

(2) The petition shall be submitted care of the same court to the superior court. The court which examines the case shall forthwith transmit the petition together with the observations thereof to the superior court.

Granting of Petition
Article 256. (1) Where the court performs forthwith all steps stated in the petition and sends the party a communication regarding this performance, the petition shall be presumed withdrawn.

(2) The petition shall be transmitted for examination to the superior court if the party declares within one week after receipt of the communication under Paragraph (1) that it continues to maintain the said petition.

Examination and Adjudication of Petition to Set Time Limit
Article 257. (1) A petition to set a time limit shall be examined by a judge of the superior court within one week after receipt of the said petition.

(2) If the court finds an unreasonable delay, the court shall set a time limit for performance of the step. Otherwise, the court shall deny the petition. The ruling shall be unappealable.

TITLE TWO
APPELLATE REVIEW OF JUDGMENTS AND RULINGS.
REVERSAL OF EFFECTIVE JUDGMENTS

Subject of Appellate Review and Competent Court
Article 258. (1) The judgments of regional courts shall be appealable before the district courts, whereas the judgments of district courts acting as courts of first instance shall be appealable before the appellate courts.

(2) An appeal may be lodged either against the entire judgment or against separate parts thereof.

Time Limit for Intermediate Appellate Review
Article 259. (1) The appeal shall be lodged care of the court which has rendered the judgment within two weeks after service of the said judgment upon the party.

(2) The time limit for intermediate appellate review shall be interrupted by the submission of an application for legal aid and shall not run while the said application is considered.

(3) A new time limit shall begin to run as from the entry into effect of the decision rejecting the application referred to in Paragraph (2), and in case any such application is granted, the new time limit shall begin to run as from the service of the first-instance judgment upon the assigned counsel as appointed.

(4) The submission of a subsequent application for legal aid shall not suspend and shall not interrupt the time limit for intermediate appellate review.

Intermediate Appellate Review Appeal: Content
Article 260. The appeal shall contain:

5. the newly discovered or intervening facts which the appellant wishes to be taken into account upon adjudication of the case by the court of intermediate appellate review instance, and an exact listing of the reasons which have prevented the appellant from citing the newly discovered facts;

6. the new evidence which the appellant wishes to be taken upon examination of the case by the court of intermediate appellate review instance, and a narrative of the reasons which have prevented the appellant from citing or presenting the said evidence;

Attachments to Appeal
Article 261. The following shall be attached to the appeal:

1. duplicate copies of the appeal and of the attachments thereto according to the number of persons who participate in the case as an opposing party;

Verification by First-Instance Court
Article 262. (1) If the appeal does not conform to the requirements referred to in Items 1, 2, 4 and 7 of Article 260 and Article 261 herein, a communication shall be sent to the party, instructing the party to cure the non-conformities within one week.

1. the said appeal has been lodged after expiry of the time limit for appellate review, and

Answer to Intermediate Appellate Review Appeal and Intermediate Appellate Review Cross-Appeal
Article 263. (1) After accepting the appeal, the court shall transmit a duplicate copy thereof together with the attachments to the other party, which may submit an answer to the appeal within two weeks after receipt of the said copy and attachments. The provisions of Article 259 (2) to (4), Items 1, 2, 4 and 7 of Article 260 and Article 261 herein shall apply, mutatis mutandis, to any such answer.

(2) Within the time limit for an answer, the opposing party may lodge an intermediate appellate review cross-appeal. The intermediate appellate review cross-appeal must conform to the requirements applicable to an intermediate appellate review appeal.

(3) The court shall verify the conformity of the intermediate appellate review cross-appeal according to Article 262 herein. After accepting the said cross-appeal, the court shall transmit a duplicate copy thereof together with the attachments to the other party, which may submit an answer within one week after receipt of the said duplicate copy and attachments.

(4) The intermediate appellate review cross-appeal shall not be examined if the intermediate appellate review appeal is withdrawn or returned.

(5) After expiry of the time limits referred to in Paragraphs (1) and (3), the case, together with the appeals and the answers, shall be transmitted to the superior court.

Withdrawal of Intermediate Appellate Review Appeal and Waiver of Right of Appeal
Article 264. (1) During any stage of the proceeding, a party may withdraw, in whole or in part, an appeal lodged.

Joining Intermediate Appellate Review Appeal
Article 265. (1) Not later than during the first hearing in the court of intermediate appellate review instance, each of the co-parties to the case may join the appeal lodged by the co-plaintiff or co-respondent thereof. Joinder shall be effected by means of submission of a petition in writing with duplicate copies according to the number of parties.

(2) In the cases of necessary joinder of parties, the court shall constitute the co-parties of the appellant ex officio.

Citing New Facts and Evidence Prohibited
Article 266. (1) In an intermediate appellate review proceeding, the parties may not allege new circumstances, cite and present evidence which the said parties could have cited and presented in due time in the first-instance proceeding.

1. allege any new circumstances and cite and present any new evidence solely if the parties were unable to learn of such circumstances and to cite and present such evidence prior to the lodgment of the appeal or within the time limit for an answer, as the case may be;

2. allege any circumstances which have occurred after the lodgment of the appeal or after expiry of the time limit for an answer, as the case may be, circumstances which are relevant to the case, and cite and present evidence of any such circumstances.

(3) Taking of evidence which was not admitted by the first-instance court by reason of procedural breaches may not be moved for in an intermediate appellate review proceeding.

Preparatory Hearing
Article 267. (1) The intermediate appellate review court, sitting in camera, shall verify the admissibility of the appeals applying, mutatis mutandis, Article 262 herein, shall pronounce on admission of the new evidence cited by the parties, and shall schedule an examination of the case in public session. The issues of the admissibility of the appeals and the motions for evidence may alternatively be addressed during the first hearing of the case, if the court determines that the oral explanations of the parties must be heard as well.

(2) The court may hear again witnesses and expert witnesses, if the court deems this necessary.

Public Session of Intermediate Appellate Review Court
Article 268. (1) The intermediate appellate review court shall examine the appeals, sitting in public session with the parties being summoned, and the appeals and the answers shall be reported during the hearing.

(2) The taking of evidence shall follow the general rules and, if necessary, the hearing of the case shall be adjourned.

(3) After addressing the issues referred to in Article 267 herein and taking of the evidence, the court shall proceed with the oral arguments, whereto Article 149 (3) herein shall apply, mutatis mutandis.

Intermediate Appellate Review Court: Powers
Article 269. The intermediate appellate review court shall pronounce ex officio on the validity of the judgment and on the admissibility in the appealed part of the said judgment. On the rest of the issues, the said court shall be limited by what is stated in the appeal.

Adjudication in Case of Null and Inadmissible First-Instance Judgment
Article 270. (1) Where a first-instance judgment is null, the intermediate appellate review court shall declare the nullity and, if the case is not dismissible, shall return the said case to the first-instance court for rendition of a new judgment.

(2) The nullity of the judgment may be raised according to an action procedure sine die or by means of an opposition.

(3) Where the judgment is inadmissible, the intermediate appellate review court shall invalidate the said judgment and shall dismiss the case. Where the grounds for invalidation are lack of cognizance of the dispute, the case shall be transmitted to the competent court. If an unbrought action has been examined, the judgment shall be invalidated and the case shall be returned to the first-instance court for pronouncement on the action brought.

(4) The judgment of the district court may not be invalidated solely due to the fact that the action was cognizable in the regional court.

Judgment in Case of Incorrect First-Instance Judgment
Article 271. (1) Where the first instance judgment is valid and admissible, the intermediate appellate review court shall resolve the dispute on the merits, upholding or reversing the first instance judgment in whole or in part. If the judgment is not appealed by the other party, the position of the appellant may not be affected adversely by the new judgment.

(2) Upon reversal of the judgment on the principal action, the pendency of any actions which may be joined thereto and on which the first-instance court has not pronounced shall be restored.

(3) (Supplemented, SG No. 50/2008) The court shall reverse the judgment also in respect of the necessary co-parties of the appellant who have not appealed.

Judgment in Case of Correct First-Instance Judgment
Article 272. Where the intermediate appellate review court upholds the first-instance judgment, the said court shall reason the judgment thereof, inter alia by reference to the reasoning of the first-instance court.

Applicability of First-Instance Proceeding Rules
Article 273. Save insofar as there are any special rules for the proceeding before the court of intermediate appellate review instance, the rules applicable to the proceeding before the court of first instance shall apply, mutatis mutandis.

Appellate Review by Interlocutory Appeal
Article 274. (1) Interlocutory appeals may be lodged against the rulings of the court:

(2) Where the rulings referred to in Paragraph (1) are rendered by a court of intermediate appellate review instance, the said rulings shall be appealable by an interlocutory appeal before the Supreme Court of Cassation. The rulings referred to in Paragraph (1), rendered by a panel of the Supreme Court of Cassation, shall be appealable before another panel of the same court.

(3) Where the prerequisites covered under Article 280 (1) herein apply, appealability by an interlocutory appeal before the Supreme Court of Cassation shall apply to:

1. the rulings of the intermediate appellate review courts whereby any interlocutory appeals against rulings barring the further progress of the case are left without consideration;

2. the rulings whereby other proceedings are resolved on the merits or the progress of any such proceedings is barred.

(4) Cassation appealability shall not apply to any rulings in cases with an appealable interest not exceeding BGN 1,000.

Time Limit for Appellate Review and Interlocutory Appeal Content
Article 275. (1) Interlocutory appeals shall be lodged within one week after communication of the ruling. If a ruling rendered during a court hearing is appealed, this time limit shall begin to run in respect of the party who appeared during the said hearing as from the day of the said hearing.

(2) (Amended, SG No. 50/2008) In respect of interlocutory appeals, the provisions of Article 259 (2) to (4), Articles 260, 261, 262 and 273 herein shall apply, mutatis mutandis.

Answer to Interlocutory Appeal
Article 276. (1) After accepting the appeal, the court shall transmit a duplicate copy to the other party, which may submit an answer within one week after receipt of the said duplicate copy.

(2) After expiry of the time limit referred to in Paragraph (1), the appeal, together with the answer and the attachments thereto, if any such have been submitted, shall be transmitted to the superior court. The court shall attach a duplicate copy of the ruling appealed.

Stay of Proceeding
Article 277. An interlocutory appeal shall not stay the proceeding in the case, nor the enforcement of the ruling appealed, unless otherwise provided for in a law. The court competent to examine the appeal may stay the proceeding or the enforcement of the ruling appealed until adjudication of the interlocutory appeal, if the said court deems this necessary.

Examination and Adjudication of Interlocutory Appeal
Article 278. (1) Interlocutory appeals shall be examined in camera. The court, if it deems it necessary, may examine the appeal sitting in public session.

(2) If it vacates the ruling appealed, the court itself shall address the issue under the appeal. The court may also take evidence, if the court deems this necessary.

(3) The ruling rendered on the interlocutory appeal shall be binding upon the inferior court.

(4) Save insofar as there are any special rules in this Section, the rules applicable to the appellate review of judgments shall apply, mutatis mutandis, to the proceeding in interlocutory appeals.

Appellate Review of Orders
Article 279. The provisions of Articles 274 to 278 herein shall furthermore apply, mutatis mutandis, to the interlocutory appeals against the orders of the court.

Scope of Application
Article 280. (1) Cassation appealability before the Supreme Court of Cassation shall apply to any intermediate appellate review judgments wherein the court has pronounced on a material issue of substantive law or procedural law which:

1. is addressed in conflict with the case law of the Supreme Court of Cassation;

3. is relevant to the accurate application of the law, as well as to the progress of law.

(2) Cassation appealability shall not apply to any judgments in cases with an appealable interest not exceeding BGN 1,000.

Grounds for Cassation Appellate Review
Article 281. A cassation appeal shall be lodged where:

3. the judgment is incorrect by reason of violation of the substantive law, a material breach of the rules of court procedure, or lack of justification.

Stay of Enforcement of Intermediate Appellate Review Judgment
Article 282. (1) The lodgment of a cassation appeal shall not stay the enforcement of the judgment.

(2) The appellant may move for a stay of the enforcement of the intermediate appellate review judgment. In such case, the appellant shall be obligated to furnish due security. The amount of the security shall be set at:

(4) Where security has been furnished in connection with the enforcement of a judgment regarding rights in rem to corporeal immovables or movable things, the said security shall be retained if, within two weeks after the cassation appeal has been left without consideration, the holder of the receivable brings an action for compensation for the damages resulting from the delay of enforcement.

(5) Where enforcement of the awarded receivable has been secured, the security shall be released after the action is dismissed or the proceeding is terminated.

(6) If the intermediate appellate review judgment is reversed, the enforcement of the said judgment shall be stayed. In case the new judgment is different from the previous judgment, the provision of sentence two of Article 245 (3) herein shall apply, mutatis mutandis.

Time Limit for Cassation Appellate Review
Article 283. The appeal shall be lodged care of the court which has rendered the intermediate appellate review judgment within one month after service of the said judgment upon the party. The time limit for cassation appellate review shall be interrupted according to Article 259 (2), (3) and (4) herein.

(2) The cassation appeal shall be countersigned by a lawyer or a legal adviser, save as where the appellant or the representative thereof possesses a licensed competence to practise law. A power of attorney to countersign or a certificate of licensed competence to practise law shall be attached to the appeal.

1. a narrative of the grounds for cassation appealability under Article 280 (1) herein;

2. duplicate copies of the appeal and of the attachments thereto according to the number of persons who participate in the case as an opposing party;

Verification of Conformity of Cassation Appeal
Article 285. (1) The intermediate appellate review court shall verify the conformity of the appeal, and if the said appeal does not conform to the requirements covered under Article 284 herein, the said court shall send a communication to the party, instructing the party to cure the non-conformities within one week.

(2) If the appeal is conforming, the intermediate appellate review court shall transmit the said appeal together with the papers exchanged and the case to the Supreme Court of Cassation.

Return of Cassation Appeal
Article 286. (1) The appeal shall be returned by the intermediate appellate review court where:

1. the said appeal has been lodged after expiry of the time limit for appellate review;

3. the intermediate appellate review judgment is not subject to cassation appellate review under Article 280 (2) herein.

Answer to Cassation Appeal and Cassation Cross-Appeal
Article 287. (1) After accepting the appeal, the intermediate appellate review court shall transmit a duplicate copy thereof together with the attachments to the other party, which may submit an answer to the appeal within one month after receipt of the said copy and attachments. The provisions of Article 259 (2) to (4) and Article 284 herein shall apply, mutatis mutandis, to any such answer.

(2) The opposing party under the appeal may lodge a cassation cross-appeal within the time limit for an answer. The cassation cross-appeal must conform to the requirements applicable to a cassation appeal.

(3) If a cassation cross-appeal is lodged in due time, the intermediate appellate review court shall verify the conformity of the said appeal and shall transmit a duplicate copy thereof together with the attachments thereto to the other party, which may submit an answer within two weeks after receipt of the said duplicate copy and attachments.
(4) The cassation cross-appeal shall not be examined if the cassation appeal is not examined.

Admission of Cassation Appellate Review
Article 288. The Supreme Court of Cassation, sitting in camera in a three-judge panel, shall render a ruling on admission of the cassation appellate review.

Summoning of Parties in Cassation Proceeding
Article 289. Prior to the first day of each month, the Supreme Court of Cassation shall promulgate in the State Gazette the days on which the said Court is to sit during the next succeeding month, and the cases subject to examination. Where circumstances necessitate any departures from this procedure, the parties shall be notified by means of communication.

Examination of Cassation Appeal
Article 290. (1) The appeal shall be examined by a three-judge panel of the Supreme Court of Cassation sitting in public session.

(2) The Supreme Court of Cassation shall verify the correctness of the intermediate appellate review judgment solely on the grounds cited in the appeal.

Reconciliation of Case Law
Article 291. Where the intermediate appellate review judgment has been rendered with a conflicting case law, the Supreme Court of Cassation:

1. shall specify, by a reasoned judgment, the conflicting judgment wherein the case law it considers correct; in such case, the said Court shall render a judgment in the case on the basis of the said case law;

2. where it holds that the case law in the judgments is incorrect, the said Court shall specify, by a reasoned judgment, why the said case law is incorrect; in such case, the said Court shall render a judgment interpreting the law on the basis of the circumstances of the case;

3. where it holds that the case law in the conflicting judgments is inapplicable to the pending dispute, the said Court shall specify, by a reasoned judgment, why the said case law is inapplicable; in such case, the said Court shall render a judgment interpreting the law on the basis of the circumstances of the case.

Proposal for Interpretative Judgment
Article 292. Where issues have been addressed in a conflicting manner by the Supreme Court of Cassation, the panel shall propose to the general meeting to render an interpretative judgment and shall stay the proceeding in the case.

Cassation Judgment
Article 293. (1) The Supreme Court of Cassation shall leave standing or shall reverse, in part or in whole, the judgment appealed.

(2) The judgment shall be reversed as wrong where the substantive law has been violated or where material breaches of the rules of court procedure have been committed or the judgment is unjustified.

(3) The court shall return the case for a new examination by another panel of the intermediate appellate review court solely if any procedural steps at court have to be repeated or new such steps have to be performed.

(4) Where the judgment appeal is null or inadmissible, the rules of Article 270 herein shall apply.

Re-examination of Case
Article 294. (1) The court whereto the case has been transmitted shall examine the said case according to the standard procedure, with the proceeding commencing from the legally non-conforming step which has served as grounds for reversal of the judgment. The instructions of the Supreme Court of Cassation regarding the application and interpretation of the law shall be binding upon the court whereto the case has been returned.

(2) Upon re-examination of the case, the court shall furthermore pronounce on the costs of conduct of the case at the Supreme Court of Cassation.

Cassation Appellate Review of Judgment upon Re-examination of Case
Article 295. (1) Where the prerequisites covered under Article 280 (1) herein apply, the second judgment of the court of intermediate appellate review instance may be appealed over violations committed upon the re-examination of the case. Any such appeal shall be examined by a three-judge panel of the Supreme Court of Cassation which, upon reversal, shall resolve the dispute on the merits.

(2) Where the grounds for reversal necessitate the performance of any procedural steps at court, the Supreme Court of Cassation shall reverse the intermediate appellate review judgment and shall render a new judgment, whereafter the said Court shall perform the requisite steps. In such case, the rules applicable to the intermediate appellate review proceeding shall apply, mutatis mutandis.

Entry into Effect
Article 296. The following judgments shall enter into effect:

2. whereagainst no intermediate appellate review appeal or cassation appeal has been lodged within the time limit set by the law, or an appeal lodged has been withdrawn; in the latter case, the judgment shall enter into effect as from the day of entry into effect of the ruling whereby the case is dismissed;

3. in respect of which a cassation appeal has not been admitted to examination or has been denied consideration.

Respect of Judgment
Article 297. An effective judgment shall be binding upon the court which has rendered the said judgment and on all courts, institutions and municipalities in the Republic of Bulgaria.

Extent of Effect
Article 298. (1) A judgment shall enter into effect solely between the same parties, in respect of the same demand, and on the same grounds.

(2) An effective judgment shall furthermore have effect in respect of the heirs of the parties, as well as in respect of the successors thereto.

(3) A judgment rendered in actions for civil status, including in matrimonial actions, shall have effect in respect of everybody.

(4) A judgment shall furthermore enter into effect in respect of any motions and oppositions regarding a right of retention and set-off granted by the said judgment.

Non-Re-resolvability
Article 299. (1) A dispute, which has been resolved by an effective judgment, may not be re-resolved save in the cases where the law provides otherwise.

(3) The effective judgment may not be contested by the party as rendered in a simulated procedure.

Binding Effect of Sentence
Article 300. An effective sentence of a criminal court shall be binding upon the civil court which examines the civil consequences of the act, regarding whether the act has been committed, the wrongfulness of the said act and the guilt of the perpetrator.

Extension of Effect on Action by Prosecutor
Article 301. Where the case has been commenced on an action brought by a prosecutor, the effective judgment shall be furthermore binding upon the party in the interest whereof the prosecutor has brought the action.

Binding Effect of Judgment on Administrative Dispute
Article 302. An effective judgment on an administrative dispute shall be binding upon the civil court regarding whether the administrative act is valid and legally conforming.

Grounds for Reversal
Article 303. (1) The interested party may move for a reversal of an effective judgment where:

1. new circumstances or new written evidence of material relevance to the case are discovered which could not have been known upon adjudication of the said case or which the party could not procure in due time;

2. falsity of a document, of testimony of a witness, of a conclusion of an expert witness, upon which the judgment is founded, is established according to the due judicial procedure, or a criminal act by the party, by the representative thereof, by a member of the court panel or by a server in connection with the adjudication of the case, is so established;

3. the judgment is based upon a decree by a court or by another government institution which has subsequently been vacated;

4. another effective judgment, which conflicts with the judgment, has previously been rendered between the same parties, in respect of the same demand, and on the same grounds;

5. the party, consequent to a breach of the respective rules, has been deprived of an opportunity to participate in the case or has not been duly represented, or where the said party has been unable to appear in person or through counsel owing to special unforeseen circumstances which the said party was unable to overcome;

6. the party, upon a breach of the respective rules, was or, respectively, was not represented by a person referred to in Article 29 herein.

(2) It shall be inadmissible to reverse a judgment whereby a divorce or a marriage annulment is decreed or a marriage is declared non-existent.

(3) A reversal of a judgment by default may not be sought for a reason for which a reversal of the said judgment could have been sought or is sought under Article 240 (1) herein, or an action could have been brought or is brought under Article 240 (2) herein.

Reversal on Petition by Third Party
Article 304. The party in respect of whom the judgment has effect may also move for a reversal of the judgment, even though the said person has not been party to the case (Article 216 (2) herein).

Time Limit for Reversal
Article 305. A petition for reversal shall be submitted within three months reckoned from the day:

1. whereon the petitioner learnt of the intervening circumstances, or from the day whereon the petitioner could procure the new written evidence: in the cases referred to in Item 1 of Article 303 (1) herein;

2. of entry into effect of the judgment or of learning of the sentence, but not later than one year after the entry into effect of the said sentence: in the cases referred to in Item 2 of Article 303 (1) herein;

3. of learning of the act of reversal, but not later than one year after the entry into effect of the said act: in the cases referred to in Item 3 of Article 303 (1) herein;

4. of entry into effect of the last judgment: in the cases referred to in Item 4 of Article 303 (1) herein;

5. (amended, SG No. 50/2008) of learning of the judgment: in the cases referred to in Items 5 and 6 of Article 303 (1) and Article 304 herein.

Petition for Reversal: Content
Article 306. (1) A petition for reversal must conform to the requirements covered under Articles 260 and 261 herein and must contain an accurate and reasoned narrative of the grounds for reversal. If the petition does not conform to these requirements, the party shall be sent a communication, instructing the party to cure the non-conformities within one week.

(2) Upon failure to cure the non-conformities of the petition for reversal in due time, the provisions of Article 286 herein shall apply.

(3) The petition shall be submitted care of the first-instance court. A duplicate copy shall be attached to the said petition, and the said duplicate copy shall be served upon the opposing party. The said party may give an answer within one week after receipt of the duplicate copy.

Petition for Reversal: Examination and Adjudication
Article 307. (1) The Supreme Court of Cassation, sitting in camera, shall pronounce on the admissibility of the petition for reversal.

(2) The petition for reversal shall be examined by the Supreme Court of Cassation sitting in public session, within which the parties hall be heard and the requisite evidence shall be taken. Where a reversal of a judgment of the Supreme Court of Cassation is sought, the petition shall be examined by another three-judge panel of the Supreme Court of Cassation.

(3) If it determines that the petition is well-founded, the Supreme Court of Cassation shall reverse the judgment in whole or in part and shall return the case for a new examination by another panel of the competent court, also specifying the point wherefrom the new examination of the case must commence.

(4) In the case referred to in Item 4 of Article 303 (1) herein, the court shall reverse the incorrect judgment.

New Examination of Case
Article 308. The general rules shall apply upon the new examination of the case in which the judgment has been reversed.

Stay of Enforcement
Article 309. (1) The submission of a petition for reversal shall not stay the enforcement of the judgment. The court, acting on a motion by the party, may stay the enforcement under the terms established by Article 282 (2) to (6) herein.

(2) If the judgment is reversed, the enforcement of the said judgment shall be stayed. In case the new judgment is different from the previous judgment, the provision of sentence two of Article 245 (3) herein shall apply, mutatis mutandis.

Scope of Application
Article 310. The procedure established by this Chapter shall apply to examination of any actions:

1. for labour remuneration, to pronounce a dismissal wrongful and to revoke such dismissal, for compensation for the period of unemployment due to the dismissal, and for correction of the grounds for the dismissal as entered in the work book or in other documents;

3. for establishment and cessation of an infringement of rights under the Copyright and Neighbouring Rights Act, the Patents and Utility Models Registration Act, the Marks and Geographical Indications Act, the Industrial Designs Act, the Topographies of Integrated Circuits Act, and the Protection of New Plant Varieties and Animal Breeds Act;

4. for ascertainment and cessation of violation of rights under the Consumer Protection Act;

5. other actions whereof the examination in a summary proceeding is regulated in a law.

Verification of Statement of Action
Article 311. (1) On the day of receipt of the statement of action, the court shall verify the conformity thereof and the admissibility of the action.

(2) The court shall instruct the plaintiff to amplify, particularize the allegations thereof and to eliminate the contradictions therein, where the said allegations are obscure, deficient or imprecise.

Preparation of Case in Camera
Article 312. (1) On the day of receipt of the answer of the respondent or of the expiry of the time limit for receipt of the said answer, the court, sitting in camera, shall:

3. invite the parties to reach a settlement and explain thereto the advantages of the various procedures for voluntary resolution of the dispute;

4. pronounce on the motions for evidence, admitting the evidence which is relevant, admissible and requisite;

5. determine an amount and a time limit for depositing of the costs of taking of evidence.

(2) The court shall serve upon the parties a duplicate copy of the order, and, in addition to the said duplicate copy, shall serve upon the respondent a duplicate copy of the written answer and the evidence attached thereto, and shall instruct the parties to take a stand, within one week, in connection with the instructions given and the report on the case and to undertake the relevant procedural steps, as well as advise the parties of the consequences of non-compliance with the instructions.

(3) The court shall pronounce on any motions made in due time in connection with the instructions and the report on the case on the day of receipt of the said motions. The order on the motions made shall be communicated to the parties.

Consequences of Non-compliance with Instructions
Article 313. Where the parties fail to comply with the instructions of the court within the time limit set, the said parties shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.

Joinder of Actions
Article 314. (1) The plaintiff may, by the stand thereof on the report of the court, and the respondent may, by the written answer, approach the court with a motion to pronounce, by the judgment thereof, regarding the existence or non-existence of a disputed legal relation upon which the outcome of the case depends in whole or in part.

(2) Counter actions may not be brought, third parties may not be impleaded, and actions may not be brought against any such third parties according to the procedure of this proceeding.

(3) In actions for eviction from premises leased or loaned for use, oppositions as to ownership and to improvements made in the immovable shall be inadmissible.

Examination of Case
Article 315. (1) During the hearing for examination of the case, the court shall reinvite the parties to reach a settlement, and if no such settlement is reached, the court shall take the evidence presented and shall hear the oral arguments.

(2) During the same hearing, the court shall assign a day whereon the said court is to publish the judgment thereof and which shall be the day as from which the time limit for appellate review of the said judgment shall begin to run.

Time Limit for Rendition of Judgment
Article 316. The court shall publish the judgment thereof with the reasoning within two weeks after the hearing during which the examination of the case was concluded.

Applicability of Rules before Intermediate Appellate Review Court
Article 317. The rules of this Chapter shall apply, mutatis mutandis, to the proceeding before the intermediate appellate review court.

Matrimonial Actions
Article 318. The actions for divorce, for marriage annulment and for establishment of the existence or non-existence of a marriage between the parties shall be examined according to the procedure established by this Chapter.

Special Capacity to Sue
Article 319. Spouses who are minors and limited interdicts may bring matrimonial actions and be sued under such actions of their accord.

Divorce When Wife Pregnant
Article 320. The proceeding in a matrimonial action shall be stayed on a motion by the wife if she is pregnant and until the child attains the age of twelve months.

Examination of Case
Article 321. (1) During the first hearing for examination of the case on an action for divorce, the parties must appear in person. In case of non-appearance of the plaintiff without reasonable excuse, the proceeding shall be dismissed.

(2) After addressing the preliminary issues and the issues pertaining to the conformity of the statement of action, the court shall be obligated to redirect the parties to mediation or another procedure for voluntary resolution of the dispute.

(3) If the parties reach agreement on commencement of mediation or another procedure for voluntary resolution of the dispute, the case shall be stayed.

(4) Each of the parties may move for a resumption of the proceeding in the case within six months. Unless such a motion is made, the case shall be dismissed.

(5) Where agreement is reached, depending on the content of the said agreement the case shall be dismissed or a proceeding for divorce by mutual consent shall be proceeded with.

(6) If the parties fail to reach agreement on a mediation procedure or another procedure for voluntary resolution of the dispute, the examination of the case shall continue.

Exhaustive Grounds
Article 322. (1) In an action for divorce, the plaintiff must raise all grounds for the deep and irrevocable break-down of the marriage. Any uncited grounds, which have occurred and have become known to the spouse prior to the conclusion of the oral arguments, may not serve as grounds for bringing a new action for divorce.

(2) All matrimonial actions may be joined therebetween. The demands for exercise of parental rights, interspousal personal relations and child maintenance, use of the matrimonial home, interspousal maintenance and the surname shall mandatorily be brought and examined by such actions.

(3) The provisions of Paragraphs (1) and (2) shall furthermore apply to the respondent regarding the actions which the said respondent could have brought.

(4) An action for marriage annulment by reason of a violation of the age qualification under Article 12 and by reason of threat under Item 2 of Article 96 (1) of the Family Code may not be brought after the action for divorce is dismissed.

Interim Measures
Article 323. (1) Acting on a petition by any of the parties, the court wherebefore the action for divorce or for marriage annulment has been brought shall rule on interim measures regarding the maintenance, the matrimonial home and the use of the property acquired during the marriage, as well as regarding the care of the children and the maintenance thereof.

(2) The court shall pronounce on any such petition during the hearing during which the said petition is submitted, unless additional evidence has to be taken. In such case, a new hearing shall be scheduled within two weeks.

(3) The ruling referred to in Paragraph (1) shall be unappealable but may be modified by the same court.

Judgment on Matrimonial Actions
Article 324. A judgment by default and a judgment upon admission of the demand shall not be rendered on matrimonial actions.

Entry into Effect of Judgment of Divorce
Article 325. A judgment on divorce shall enter into effect, even if the said judgment has been appealed solely in the part thereof concerning the fault.

Surname after Divorce
Article 326. By the judgment whereby the divorce is granted, the court shall also address the issue of the surname which the spouses will be able to use in future.

Continuing Case upon Plaintiff's Death
Article 327. (1) When the plaintiff spouse dies and the action for divorce is based on the fault of the surviving spouse, the court shall allow the descendants or ascendants called to accept the succession to state whether they wish to continue the case. This rule shall furthermore apply to an action for marriage annulment, if the surviving spouse acted in bad faith.

(2) If nobody states a wish to continue the case within the time limit allowed, the said case shall be dismissed. The case shall also be dismissed if the action for divorce is not based on the fault of the surviving spouse or if, upon an action for marriage annulment, the surviving spouse acted in good faith.

(3) Where the case is continued, the court shall pronounce solely on the culpable behaviour of the survivor cited by the deceased spouse as grounds for marriage annulment.

Continuing Case upon Respondent's Death
Article 328. Upon the death of the respondent, the persons referred to in Article 327 herein may continue the case if the action brought is in reference to Article 13 of the Family Code and the plaintiff acted in bad faith when the marriage was contracted.

Costs of Case
Article 329. (1) The court costs of matrimonial suits shall be awarded against the spouse at fault or the spouse who acted in bad faith. Where there is no fault or bad faith, or where both spouses are at fault or acted in bad faith, the costs shall be left borne by each one of them as incurred.

(2) Upon dismissal of the action for divorce, the costs shall be determined according to the procedure established by Article 78 herein. The same procedure shall furthermore apply to determination of costs upon appellate review of the judgment.

Divorce by Mutual Consent
Article 330. (1) Upon a motion for divorce by mutual consent, the spouses shall appear in person during the court hearing.

(2) Where any of the spouses fails to appear without reasonable excuse, the case shall be dismissed.

(3) After satisfying itself that the consent of the spouses to divorce is serious and firm, and after determining that the agreement reached under Article 101 of the Family Code does not conflict with the law and is in the interest of the children, the court shall grant the divorce and shall endorse the agreement by a judgment.

(4) Examination of the petition shall be adjourned solely if additional evidence has to be taken.

(5) The judgment whereby divorce by mutual consent is granted shall be unappealable.

Governing Provisions
Article 331. (1) Any actions to establish or disavow filiation, as well as any actions to terminate adoption, shall be examined according to the procedure established by this Chapter.

(2) Articles 319 and 327 herein shall apply, mutatis mutandis, to any actions covered under Paragraph (1) regarding the continuing of the case by the heirs of the adopter to establish that it is well-founded.

Joinder of Actions for Maintenance
Article 332. (1) An action for maintenance of the child may be joined to the action to establish paternity or maternity, but interim maintenance may not be awarded in such cases.

(2) An action for compensation of the adoptee who has contributed to an augmentation of the property status of the adopter may be joined to the action to terminate adoption. Any such action may be brought as a counter action as well.

Duty to Cooperate
Article 333. (1) The parties to a filiation case shall be obligated to cooperate upon the preparation of the conclusion by the expert witness, unless the research involves a substantial or sustained risk to the life or health of the said parties.

(2) The court shall pronounce on a refusal to cooperate by a ruling which shall be subject to appellate review by separate appeal. Where the refusal is rightful, the court shall determine another method of research into filiation which does not involve any such risk.

(3) For obtaining any samples whereupon the inviolability of the body is not impaired, the court shall command, where necessary, the application of appropriate methods of compulsion.

(4) If evidence cannot be taken according to the procedure established by Paragraphs (1) to (3), the court may decree that the requisite post-mortem samples be taken except in the cases where this is prohibited by a law.

Judgment on Civil Status Action
Article 334. A judgment by default and a judgment upon admission of the demand shall not be rendered on any action for civil status.

Termination of Proceeding upon Child's Death
Article 335. The proceeding in cases to disavow paternity shall be terminated in the event of death of the child.

Commencement of Proceeding
Article 336. (1) The full or limited interdiction of a person may be moved for by a statement of action by the spouse, by members of the immediate family, by a prosecutor and by any person who has standing to do so.

(2) The participation of a prosecutor in the proceedings referred to in Paragraph (1) shall be mandatory.

Immediate Impressions of Person
Article 337. (1) The person sought to be interdicted must be examined in person and, if necessary, the attendance thereof shall be compelled. Where the said person is placed in a medical-treatment facility and the health condition thereof precludes that he or she be brought in person to a court hearing, the court shall be obligated to obtain an immediate impression of the condition of the said person.

(2) If, after the examination, the court deems it necessary, the court shall appoint a provisional curator to take care of the personal and property interests of the person referred to in Paragraph (1).

Examination of Action
Article 338. (1) The court shall pronounce on the statement of action after an examination of the person sought to be interdicted and of the family members thereof. If this proves insufficient, the court shall proceed with taking of other evidence and hearing of expert witnesses.

(2) If the person is placed in a medical-treatment facility, the court shall procure information on the condition of the said person.

(3) After the entry into effect of the judgment whereby the person is interdicted, the court shall communicate this to the authority on tutorship and on curatorship in order to institute tutorship or curatorship.

(4) The plaintiff shall not be entitled to costs in the interdiction proceeding. If the action is dismissed, the plaintiff shall owe the respondent the costs incurred thereby in connection with the case.

Judgment on Action for Interdiction
Article 339. A judgment by default and a judgment upon admission of the demand shall not be rendered on any action for interdiction.

Vacation of Interdiction
Article 340. (1) The provisions of this Chapter shall furthermore apply to a vacation of interdiction.
(2) A vacation of interdiction may be requested, inter alia, by the authority on tutorship and on curatorship or by the tutor.

Commencement of Proceeding
Article 341. (1) Any co-heir who wishes a partition shall submit a written petition to the regional court, attaching thereto:

1. a certificate of death of the decedent and a certificate of heirship of the said decedent;

(2) During the first hearing of the case, each of the remaining co-heirs may move, by a written petition, for incorporation of other immovables into the decedent's estate.

First Hearing
Article 342. During the first hearing, each of the co-heirs may oppose the right of any of the said co-heirs to participate in the partition, to the amount of the share of each of the said co-heirs, as well as to the incorporation of certain immovables into the decedent's estate.

Pre-conditioning Questions
Article 343. Disavowals of filiation, contestations of adoptions, of testaments and of the truthfulness of written evidence, as well as motions for reduction of testamentary dispositions and of donations, shall be examined in the partition proceeding.

Judgment Granting Partition
Article 344. (1) In the judgment whereby partition is granted, the court shall pronounce on the questions as to between which persons and in respect of which immovables the said partition is to be made, as well as what share appertains to each co-heir. Where partition of movable things is granted, the court shall furthermore pronounce on the question as to which of the co-partitioners holds the said things.

(2) In the judgment referred to in Paragraph (1) or later, if all heirs do not use the succession immovables in conformity with the rights thereof, the court, acting on a motion by some of the said heirs, shall decree which of the heirs are to avail themselves of which immovables until the partition is finally made or what amounts the former must pay the latter in consideration of the use.

(3) The ruling under Paragraph (2) may be modified by the same court. Any such ruling shall furthermore be appealable by an interlocutory appeal.

Exclusion of Immovables from Partition
Article 345. Where the succession includes any immovables which the decedent owned in co-ownership with third parties, the said immovables shall be excluded from the divisible estate, if a partition is not made between the heirs, of the one part, and the third parties, of the other hand, prior to the drawing up of the memorandum of division.

Demands for Accounts
Article 346. During the first hearing after the granting of the petition, the co-heirs may raise demands for accounts therebetween, citing the evidence in their possession.

Memorandum of Division
Article 347. The court shall draft the memorandum of division on the basis of the conclusion of an expert witness in compliance with the rules of the Succession Act.

Offering for Public Sale
Article 348. Where any immovable is indivisible and cannot be allocated to any of the shares, the court shall decree that the said immovable be offered for public sale. The parties to the partition may bid in the public sale.

Award of Indivisible Dwelling Unit
Article 349. (1) If the indivisible immovable is a dwelling unit which constituted matrimonial community property terminated by the death of one spouse or by divorce, and the surviving or former spouse, who has been awarded the exercise of parental rights in respect of the children from the marriage, does not have a dwelling unit of his or her own, the court, acting on a motion by the said spouse, may allocate any such dwelling unit to a share, the shares of the rest of the co-partitioners being balanced by other immovables or by money.

(2) If the indivisible immovable is a dwelling unit, each of the co-partitioners who, upon the opening of the succession resided therein and does not own another dwelling unit, may move that the said dwelling unit be allocated to the share thereof, with the shares of the rest of the co-partitioners being equalized by another immovable or by money. Where several co-partitioners satisfying the conditions of sentence one lay claims to allocation of the immovable to the share thereof, preference shall be given to the co-partitioner who offers a higher price.

(3) The interested parties may record a legal mortgage for the claims for balancing of the shares.

(4) A motion for award may be made at the latest during the first hearing after the entry into effect of the judgment granting the partition under Article 344 (1) herein. The immovable shall be appraised at the actual value thereof.

(5) Where the balancing is by money, the said balancing must be paid together with the statutory interest within six months after the entry into effect of the judgment of award.

(6) The co-partitioner, to whose share the immovable is allocated according to the procedure established by Paragraphs (1) and (2), shall become owner of the said immovable after paying the money balancing as set together with the statutory interest within the time limit referred to in Paragraph (5). If the balancing is not paid within the said time limit, the judgment of award shall be invalidated ex lege and the property shall be offered for public sale. The immovable may not be offered for public sale and may be awarded to another co-partitioner who satisfies the conditions under Paragraph (2) and has moved for an award within the time limit referred to in Paragraph (4) if the said partitioner forthwith pays the price whereat the immovable was appraised upon the partition, debited with the value of the share of the said partitioner in the said immovable. The resulting amount shall be apportioned among the rest of the co-partitioners according to the quotas thereof.

Final Memorandum of Division
Article 350. After drawing up the draft of the memorandum of division, the court shall summon the parties in order to present the said draft thereto and to hear the oppositions thereof to the said draft. Thereafter, the court shall draw up and publish the final memorandum of division.

Appellate Review of Judgments
Article 351. The judgments under Articles 346, 348, 349 and 350 herein shall be appealable by a general appeal within the time limit for appellate review of the latest judgment.

Drawing of Lots
Article 352. After the judgment on the memorandum of division enters into effect, the court shall summon the parties for a drawing of lots.

Apportionment of Immovables
Article 353. The court may make the partition by apportioning the succession immovables among the co-partitioners without drawing of lots, where the formation of shares and the drawing of lots proves impossible or very inconvenient.

Buy-out by Co-partitioner
Article 354. (1) Where the immovable is offered for public sale as indivisible, each of the co-partitioners in the partition may buy out the said immovable under the terms established by Article 505 (2) herein.

(2) If several co-partitioners wish to buy out the immovable under the terms established by Paragraph (1), a new sale shall be conducted solely between the said co-partitioners, with the highest price offered in the first sale as the starting bid. The said new sale shall continue for one week and shall follow the general rules.

(3) If none of the co-partitioners buys out the immovable in the sale referred to in Paragraph (2), the said immovable shall be awarded to the third-party bidder in respect of the partition who offered the highest price in the first sale.

Costs of Proceeding
Article 355. The parties shall pay the costs in proportion to the shares thereof. The costs under the joined actions in the partition proceeding shall be determined under Article 78 herein.

Generic Cognizance
Article 356. Any actions for remedy against disturbed possession and holding and for recovery of disturbed possession and holding (Articles 75 and 76 of the Ownership Act) shall be cognizable in the regional court acting as a court of first instance.

Establishment of Fact of Possession
Article 357. (1) Under these cases, the court shall verify solely the fact of possession or of the disturbance thereof.
(2) The documents attesting the right of ownership shall be taken into account solely insofar as the said documents establish the fact of possession.

Verification as to Legal Conformity
Article 358. Where possession has been forfeited at a command or with the cooperation of an enforcement agent or another state body, the court shall verify the legal conformity of the command or, respectively, of the acts performed, regardless of whether they are appealable or have been appealed.

Inadmissibility where Action for Ownership Brought
Article 359. The person, who has brought an action for ownership of a corporeal immovable, may not bring an action for possession against the same respondent in respect of the same immovable while the suit for the ownership is pending, unless dispossession has been effected through violent means or through concealment after the said action has been brought.

Fine for Disturber
Article 360. Where the possession or holding has been forfeited through violent means or through concealment (Article 76 of the Ownership Act), the court may, inter alia, impose on the disturber a fine not exceeding BGN 1,000.

Anticipatory Enforcement
Article 361. The judgment regarding the delivery of the immovable shall be subject to anticipatory enforcement and may not be stayed.

Declaring Finality of Contract in Case of Cross-Obligation
Article 362. (1) In an action under Article 19 (3) of the Obligations and Contracts Act, if, according to the preliminary contract, the plaintiff must perform a cross-obligation thereof upon conclusion of the final contract, the court shall render judgment in lieu of the final contract, subject to the condition that the plaintiff is to perform the obligation thereof. In such case, the plaintiff must perform the obligation thereof within two weeks after the entry into effect of the judgment, inter alia through setting off the obligations to the State paid thereby for the account of the respondent.

(2) If the plaintiff fails to perform the obligation thereof within the time limit referred to in Paragraph (1), the first-instance court, acting on a motion by the respondent, shall invalidate the judgment.

Verification of Ownership
Article 363. Where the obligation is for transfer of a right of ownership to an immovable, the court shall verify whether the prerequisites for transfer of the ownership according to a notarial procedure apply, including whether the transferor is owner of the said immovable.

Fees and Costs
Article 364. (1) By the judgment thereof, the court shall order the plaintiff to pay the State the costs due for the transfer of the immovable and shall command the recording of a preventive attachment of the said immovable until payment of the said costs.

(2) (Supplemented, SG No. 50/2008) The court shall not issue a duplicate copy of the judgment until the plaintiff proves that the costs of the transfer and the taxes and fees due for the immovable have been paid.

Governing Provisions
Article 365. According to the procedure established by this Chapter, the district court, acting as a court of first instance, shall examine actions for a right or a legal relation arising from or appertaining to:

1. a commercial transaction, including the conclusion, interpretation, validity, performance, non-performance or termination of any such transaction, the consequences of the termination thereof, as well as for filling gaps in a commercial transaction or adjustment of any such transaction to intervening circumstances;

2. a privatization contract, a public procurement contract, or a concession agreement;

3. participation in a commercial corporation or in another legal person which is a merchant, as well as for establishment of admissibility or nullity of a recording and for non-existence of a circumstance recorded in the commercial register;

4. replenishment of the bankruptcy estate, including the actions of creditors for a declaratory judgment;

5. cartel agreements, decisions and concerted practices, concentration of economic activities, unfair competition, and abuse of a monopoly position or of a dominant position.

Attachments to Statement of Action
Article 366. As an attachment to a statement of action for a pecuniary receivable, the party shall be obligated to present a statement containing the calculations required for determination of the amount of the said receivable.

Answer to Statement of Action
Article 367. (1) After accepting the statement of action, the court shall transmit a duplicate copy of the said statement together with the attachments to the respondent, instructing the said respondent to submit a written answer within two weeks, specifying the mandatory content of the answer and the consequences of the non-submission of an answer or of the non-exercise of rights.

2. the name and address of the respondent, as well as of the legal representative or attorney-in-fact thereof, if any;

3. a stand on the admissibility of the action and on whether the action is well-founded;

5. the oppositions to the action and the circumstances upon which the said oppositions are founded;

(3) In the answer to the statement of action, the respondent shall be obligated to cite exactly the evidence and the specific circumstances which the said respondent is to prove thereby, as well as to present all written evidence in the possession thereof.

(4) Within the time limit for an answer, the respondent may bring a counter action, may implead third parties and may bring actions thereagainst.

Attachments to Answer to Statement of Action
Article 368. Duplicate copies of the answer and of the attachments thereto according to the number of plaintiffs shall be presented attached to the answer to the statement of action.

Opposition to Examination According to Standard Procedure
Article 369. (1) An opposition alleging that the dispute is not subject to examination according to the standard procedure may be lodged solely by the respondent at the latest by the answer to the statement of action, or may be raised ex officio by the court within the same time limit.

(2) A ruling that the dispute is subject to examination according to the standard procedure shall be appealable by an interlocutory appeal.

Consequences of Non-submission of Answer
Article 370. (Supplemented, SG No. 50/2008) Where the respondent fails, within the established time limit, to submit a written answer, to take a stand, to lodge oppositions, to contest the truthfulness of a document presented, to cite evidence or to present written evidence, the said respondent shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.

Opposition to Set-Off after Time limit for an answer
Article 371. An opposition to set-off may be raised prior to the conclusion of the trial in the court of first instance, where taking of new evidence is not required to prove the said set-off, or prior to the conclusion of the trial in the court of intermediate appellate review instance, where the existence or non-contestation of the said set-off are established by an effective judgment of court or an enforcement order.

Additional Statement of Action
Article 372. (1) After accepting the answer, the court shall transmit a duplicate copy of the said answer together with the attachments to the plaintiff, who may submit an additional statement of action within two weeks.

(2) In the additional statement of action, the plaintiff may explain and amplify the initial statement of action. Within the time limit for submission of an additional statement of action, the plaintiff may modify the demand raised, may implead third parties and bring actions thereagainst, may approach the court with a motion to pronounce by the judgment itself inter alia regarding the existence or non-existence of a legal relation disputed in the answer to the statement of action upon which the outcome of the case depends in whole or in part, as well as cite and present new evidence which the plaintiff was unable to cite and present by the statement of action.

Additional Answer
Article 373. (1) After accepting the additional statement of action, the court shall transmit a duplicate copy of the said statement together with the attachments to the respondent who may submit an answer within two weeks.

(2) In the additional answer, the respondent shall be obligated to respond to the additional statement of action. Within the time limit for submission of an additional statement of action, the respondent may approach the court with a motion to pronounce by the judgment itself inter alia regarding the existence or non-existence of a legal relation disputed in the additional statement of action upon which the outcome of the case depends in whole or in part, as well as cite and present new evidence which the respondent was unable to cite and present by the answer to the statement of action.

Preparation of Case in Camera
Article 374. (1) After verifying the conformity of the papers exchanged and the admissibility of the actions brought, including the cost of the said actions, as well as the other motions and oppositions by the parties, the court shall render a ruling on all preliminary issues and on admission of the evidence. Alternatively, the court may pronounce on the admission of certain evidence in public session solely if the court determines that the oral explanations of the parties must be heard as well.

(2) The court shall schedule a hearing of the case in public session, transmitting the additional answer to the plaintiff. The court shall communicate the ruling thereof referred to in Paragraph (1) to the parties. The court may furthermore communicate to the parties the court's draft of a report on the case, as well as direct the parties to mediation or another procedure for voluntary resolution of the dispute.

Examination of Case in Public Session
Article 375. (1) The court, sitting in public session, shall deliver an oral report, shall give instructions to the parties, and shall afford the parties an opportunity to set forth the stand thereof in connection with the report on the case and the instructions given, as well as to undertake the procedural steps they wish, whereafter the court shall take the evidence admitted and shall hear the oral arguments.

(2) If the case is of factual and legal complexity, the court may allow each of the parties time to present a written defence and a reply.

Examination of Case in Camera
Article 376. (1) Where all evidence has been presented by the exchange of papers and if the court holds that hearing of the parties is not necessary, the court may examine the case in camera, affording the parties an opportunity to present written defences and replies.

(2) The court shall examine and adjudicate in the case in camera where the parties move for this.

(3) The court shall assign a day whereon the said court is to publish the judgment thereof and which shall be the day as from which the time limit for appellate review shall begin to run.

Applicability of General Rules
Article 377. Save insofar as there are any special rules for the proceeding in commercial cases, the general rules applicable to the proceeding before the court of first instance shall apply.

Article 378. The rules of this Chapter shall apply, mutatis mutandis, to the proceeding before the intermediate appellate review court.

Class Actions
Article 379. (1) A class action may be brought on behalf of persons who are harmed by the same infringement where, according to the nature of the infringement, the circle of the said persons cannot be defined precisely but is identifiable.

(2) Any persons who claim that they are harmed by an infringement under Paragraph (1), or any organizations responsible for the protection of injured persons or for protection against such infringements, may bring, on behalf of all injured persons, an action against the infringer for establishment of the harmful act or omission, an action for the wrongfulness of the said act or omission, and an action for the blame.

(3) Any persons who claim that the collective interest thereof has been harmed or is likely to be harmed by an infringement referred to in Paragraph (1), or any organization responsible for the protection of injured persons, of the harmed collective interest or for protection against such infringements, may bring, on behalf of all injured persons, an action against the infringer for cessation of the infringement, for rectification of the consequences of the infringement of the harmed collective interest, or for compensation for the damages inflicted on the said interest.

Bringing Class Action
Article 380. (1) Class actions shall be examined by the district court acting as a court of first instance according to the procedure established by this Chapter.

(2) The statement of action, apart from the circumstances upon which the action is founded, shall specify the circumstances which identify the circle of injured persons and the form in which publication of the bringing of the action is proposed.

(3) Evidence of the capacity of the plaintiff to protect the harmed interest seriously and in good faith, as well as to incur the charges related to the conduct of the case, including the costs, shall be presented attached to the statement of action.

Verification of Conditions for Bringing Class Action
Article 381. (1) After verification of the admissibility of the action brought and the conformity of the statement of action, the court shall verify ex officio the capacity of the person or persons who have brought the action to protect the harmed interest seriously and in good faith and to incur the charges related to the conduct of the case, including the costs.

(2) The court may hear the person or persons who have brought the action in public session.

(3) The court shall not admit the case to examination if none of the persons who have brought the action satisfies the conditions referred to in Paragraph (1) or if all such persons together do not satisfy the said conditions.

(4) The ruling of the court whereby the case is not admitted to examination shall be appealable by an interlocutory appeal.

Preparation of Case for Examination
Article 382. (1) The court, sitting in public session with the parties being summoned, shall hear the stands of the parties regarding the circumstances which identify the circle of injured persons and the form of publication of the bringing of the action.

1. an adequate form of publication of the bringing of the action: number of announcements, through which media and for what length of time the said announcements must be made;

2. an adequate time limit after the publication within which the injured persons may declare that they will participate in the procedure or will pursue a remedy independently.

Acceptance of New Participants and Exclusion from Participation
Article 383. (1) The court, sitting in camera, shall:

1. accept for participation in the procedure other injured persons, organizations responsible for the protection of the injured persons, of the harmed collective interest or for protection against such infringements, who or which have declared, within the time limit set, a motion for participation in the procedure;

2. exclude the injured persons who have declared, within the time limit set, that they will pursue a remedy independently in a separate procedure.

(2) The ruling whereby inclusion of new participants or exclusion from participation is refused shall be appealable by an interlocutory appeal.

(3) The court shall issue a duplicate copy of the ruling on exclusion to the persons who have declared, within the time limit set, that they will pursue a remedy independently in a separate procedure.

Accommodation on Voluntary Resolution of Dispute
Article 384. (1) The court shall direct the parties to a settlement and shall explain thereto the advantages of the various procedures for voluntary resolution of the dispute.

(2) The court shall approve the settlement, agreement, conciliation or another accommodation reached on a partial or comprehensive resolution of the dispute if the said accommodation does not conflict with the law and good morals and if the harmed interest can be protected in a sufficient degree through the measures included in the said accommodation.

(3) The accommodation on resolution of the dispute shall take effect after being approved by the court.

Measures for Protection of Harmed Interest
Article 385. (1) The court may order the respondent to perform a specific act, to refrain from performing a specific act, or to pay a specific amount.

(2) Acting on a petition by the plaintiff, the court wherebefore the action has been brought may rule on adequate interim measures for protection of the harmed interest. The ruling may be modified or vacated by the same court consequent to a change of circumstances, an error or an omission.

(3) The ruling shall be subject to intermediate appellate review and cassation appellate review regardless of the prerequisites for cassation appealability covered under Article 280 (1) herein. An appellate review of the ruling shall not stay the enforcement thereof, unless the court competent to examine the appeal decrees otherwise.

(4) Upon rendition of the judgment, the court shall not be bound by the measures for protection cited by the plaintiff. Considering the specifics of the case and after taking into account the stand of the respondent, the court may decree other measures which ensure adequate protection of the harmed interest.

Judgment on Class Action
Article 386. (1) The judgment of the court shall have effect in respect of the infringer, the person or persons who have brought the action, as well as in respect of those persons who claim that they are harmed by the established infringement and who have not declared that they wish to pursue a remedy independently in a separate procedure. The excluded persons may avail themselves of the judgment whereby the class action has been granted.

(2) A list of the excluded persons shall be attached to the judgment of the court.

(3) The judgment shall be subject to intermediate appellate review and cassation appellate review regardless of the prerequisites for cassation appealability covered under Article 280 (1) herein.

Disposition of Compensation
Article 387. (1) The court may decree that the compensation be credited to an account of one of the persons who have brought the action, to a special account jointly disposable by the persons who have brought the action, or to a special account jointly disposable by the injured persons.

(2) After rendition of the judgment, the court may obligate the persons who have brought the action to transfer the compensation to a special account jointly disposable by the injured persons, taking adequate measures to secure the execution of this obligation.

Injured Persons' General Meeting and Committee
Article 388. (1) The first-instance court may convene a general meeting of the injured persons by publishing the notice in the form in which the bringing of the action has been published. The general meeting of the injured persons shall be presided over by the judge and may act if at least six injured persons present themselves.

(2) The general meeting of the injured persons shall elect a committee to dispose of the assets on the special account and may resolve on the acts which the said general meeting assigns the said committee to perform.

Injunction Securing Action Brought
Article 389. (1) During any stage of the proceeding prior to the conclusion of the trial in the intermediate appellate review proceeding, the plaintiff may approach the court wherebefore the case is pending with a motion to grant an injunction securing the action brought.

Injunction Securing Future Action
Article 390. (1) Even before the action is brought, an injunction may be sought from the generically competent court exercising jurisdiction over the permanent address of the plaintiff or over the location of the immovable which is to serve as security.

(2) In the case referred to in Paragraph (1), the court shall set a time limit for bringing of the action which may not be longer than one month. Unless proof of bringing an action within the time limit set is presented, the court shall dissolve the injunction ex officio.

(3) The petition to grant an injunction securing a future action by means of a stay of enforcement shall be submitted to the generically competent court exercising jurisdiction over the place of the enforcement. A stay of enforcement shall be granted solely upon furnishing of security.

Prerequisites for Granting Injunction
Article 391. (1) An injunction securing the action shall be granted where, without such an injunction, it will be impossible or difficult for the plaintiff to realize the rights under the judgment and if:

2. a bond is furnished in an amount determined by the court according to Articles 180 and 181 of the Obligations and Contracts Act.

(2) The court may obligate the plaintiff the furnish a bond of money or property in an amount determined by the court even in the case referred to in Item 1 of Paragraph (1).

(3) The amount of the bond shall be determined on the basis of the amount of the direct and immediate damages which the respondent will incur if the injunction is unfounded.

(4) The State, the government institutions and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act shall be exempted from furnishing a bond.

(5) An injunction securing the action shall be granted even when the case is stayed.

Injunction Securing Action for Maintenance Obligations
Article 392. An injunction securing actions for maintenance obligations shall be granted even without compliance with the requirements of Article 391 herein. In such case, the court may alternatively take measures to secure the action ex officio.

Inadmissibility of Injunction
Article 393. (1) (Supplemented, SG No. 50/2008) An injunction securing an action for a pecuniary receivable against the State, the government institutions, the municipalities and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act shall not be granted.

(2) An injunction securing an action for a pecuniary receivable by means of garnishment of receivables whereagainst coercive enforcement is inadmissible shall not be granted.

Partial Injunction
Article 394. The court may grant an injunction securing the full amount of the action or only such portions of the action as are supported by sufficient evidence.

Petition to Grant Injunction
Article 395. (1) The petition for an injunction shall specify the precautionary measure and the cost of the action. A duplicate copy of the said petition shall not be served upon the opposing party.

(2) The petition shall be adjudicated in camera on the day on which the said petition is submitted.

(3) On the basis of the ruling whereby the petition is granted, the court shall issue an injunctive order. Where a bond has been set, the court shall issue an injunctive order after the said bond has been deposited.

Appellate Review
Article 396. (1) The ruling of the court on an injunction securing the action shall be appealable by an interlocutory appeal within one week which shall begin to run, in respect of the petitioner, as from the service of the said ruling and, in respect of the respondent, as from the day of service thereupon of a communication of the precautionary measure imposed by the enforcement agent, by the Recording Office or by the court in the cases referred to in Item 3 of Article 397 (1) herein.

(2) A duplicate copy of the interlocutory appeal shall be served upon the opposing party for an answer within one week.

(3) The ruling whereby an injunction securing the action is granted may not be stayed by reason of being appealed by an interlocutory appeal.

3. through other appropriate measures determined by the court, including through a suspension from operation of a motor vehicle and through a stay of enforcement.

(2) The court may grant several types of injunction up to the amount of the cost of action as defined in Article 69 (1) herein.

Replacement of Injunction
Article 398. (1) The court, acting on a motion by one of the parties, may, after notifying the other party and taking into account the oppositions thereof lodged within three days after the communication, grant the replacement of one type of injunction by another type.

(2) Where the injunction secures an action appraisable in money, the respondent may always replace the injunction as granted by the court by a pledge of money or of securities according to Articles 180 and 181 of the Obligations and Contracts Act without the consent of the other party. This shall not apply to any injunction securing actions for ownership.

(3) In the cases referred to in Paragraphs (1) and (2), the garnishment and preventive attachment shall be dissolved.

Consent Regarding Object of Injunction
Article 399. If the action is based on a contract which specifies the immovable which is to serve as security, the injunction shall be granted solely in respect of the said immovable, unless the said immovable is not available or has been encumbered, in the intervening time, by other charges which render the security insufficient.

Imposition of Precautionary Measure
Article 400. (1) Garnishment shall be imposed immediately by the enforcement agent on a motion by the petitioner on the basis of the injunctive order of the court according to Article 449 (1), Article 450 (1) and (2), Articles 507, 515, 516 and 517 herein, and a communication instead of a summons to voluntary compliance shall be served upon the respondent. In case of garnishment of a movable thing, the enforcement agent shall take an inventory, conduct an appraisal and deliver the thing for safekeeping according to Articles 465 to 472 herein.

(2) Preventive attachment shall be imposed by recording of the injunctive order of the court in the notarial books. The Recording Office shall notify the respondent of the recording effected.

Effect of Precautionary Measure
Article 401. A garnishment and a preventive attachment, imposed to secure an action, shall take the effect provided for in Articles 451 to 453, Article 456 (1), Articles 508, 509 and Articles 512 to 514 herein. The secured creditor may bring an action against the garnishee for the amounts or the corporeal things which the said garnishee refuses to surrender voluntarily. Articles 435 (4) and Article 440 herein shall apply to this case.

Dissolution of Injunction
Article 402. (1) Dissolution of the injunction shall be decreed on a petition by the interested party. A duplicate copy of the petition shall be served upon the person on whose motion the injunction has been imposed. The said person may lodge oppositions within three days after receipt of the duplicate copy.

(2) The court, sitting in camera, shall dissolve the injunction after satisfying itself that the reason for which the said injunction was granted no longer exists, or that the conditions referred to in Article 398 (2) herein apply. The ruling of the court shall be appealable by an interlocutory appeal.

(3) The lifting of the garnishment, the striking of the preventive attachment, as well as the dissolution of the other precautionary measures shall be effected on the basis of the effective ruling of the court.

Compensation for Damages
Article 403. (1) If the action for the securing of which the injunction has been granted is dismissed or if the said action is not brought within the time limit set to the plaintiff, or if the case is dismissed, the respondent may seek from the plaintiff recovery of the damages inflicted as a result of the injunction.

(2) In the cases referred to in Paragraph (1), for the release of the bond furnished, the interested party shall submit a petition with a duplicate copy for the opposing party. Within one week after service of the petition, the respondent may lodge an opposition to the release of the bond and, within one month, bring an action for the damages inflicted thereon. If the respondent fails to lodge an opposition and to bring such an action within the said time limits, the bond shall be released.

Enforcement Title
Article 404. The following shall be subject to coercive enforcement:

1. the effective judgments and rulings of the court, the adverse judgments of the intermediate appellate review courts, the enforcement orders, the memoranda on court settlement, the judgments of enforcement and enforcement orders which are subject to or are admitted to anticipatory or immediate enforcement, as well as the awards of the arbitration courts and the settlements reached before such courts in arbitration cases;

2. the judgments, acts and memoranda on court settlement of the foreign courts which are enforceable within the territory of the Republic of Bulgaria without an express proceeding;

3. the judgments, acts and memoranda on court settlement of the foreign courts, as well as the awards of the foreign arbitration courts and the settlement reached before such courts in arbitration cases, which have been admitted to enforcement within the territory of the Republic of Bulgaria.

Proceeding for Issuing of Writ of Execution
Article 405. (1) A writ of execution shall be issued on a written petition on the basis of any of the acts specified in Article 404 herein. A duplicate copy of the said petition shall not be served upon the debtor.

(2) A petition based on the acts covered under Item 1 of Article 404 herein shall be submitted to the first-instance court which has examined the case or to the court which has issued the enforcement order, and where the act is subject to immediate enforcement, any such petition shall be submitted to the court which has rendered the judgment of enforcement or has decreed the enforcement order.

(3) A petition based on the awards of the domestic arbitration courts and the settlements reached before such courts in arbitration cases shall be submitted to the Sofia City Court.

(4) The court competent to admit the enforcement shall issue a writ of execution on the basis of the acts covered under Items 2 and 3 of Article 404 herein. A writ of execution issued on the basis of the acts covered under Item 3 of Article 404 herein shall not be delivered to the creditor until the judgment admitting the enforcement enters into effect.

(5) In respect of any amounts awarded in favour of the State, the court shall issue a writ of execution ex officio.

(6) A petition based on the acts covered under Item 1 of Article 404 herein shall be examined in camera within seven days by a judge of the competent court.

Order to Issue Writ of Execution
Article 406. (1) A writ of execution shall be issued after the court verifies whether the act is prima facie conforming and whether the said act attests the receivable enforceable against the debtor.

(2) In the cases covered under Items 2 and 3 of Article 404 herein, the court shall furthermore verify whether the receivable is enforceable by the methods of the Bulgarian law. Where this is impossible, the court shall decree a substitute enforcement which can satisfy the creditor.

(3) The judge shall make a due note on the act regarding the issuing of the writ of execution.

(4) Articles 247, 250 and 251 herein shall apply, mutatis mutandis, in the proceeding for the issuing of a writ of execution.

Appellate Review of Order to Issue Writ of Execution
Article 407. (1) An order whereby a petition to issue a writ of execution is granted or refused in whole or in part shall be appealable by an interlocutory appeal within two weeks which shall begin to run, in respect of the petitioner, as from the service of the order and, in respect of the respondent, as from the service of the notice of voluntary compliance.

(2) The appellate review of the order whereby the petition is granted shall not stay the enforcement.

(3) Where the writ of execution has been issued under the terms established by Article 406 (2) herein, the order shall be appealable according to the standard procedure.

Original Writ of Execution
Article 408. (1) A writ of execution shall be issued in a single copy, signed by a judge of the competent court.
(2) Where several separate immovables have to be delivered or where the judgment has been rendered in favour of or adverse to several persons, separate writs of execution may be issued, specifying the part of the judgment which is enforceable under each writ.

Replacement Writ of Execution
Article 409. (1) If the original writ of execution is lost or destroyed, the court which has issued the said writ, acting on a written petition by the petitioner, shall issue a replacement of the said writ on the basis of the act under which the original was issued.

(2) The petition shall be examined in public session after a duplicate copy of the said petition is served upon the execution debtor.

(3) Apart from the lack of conditions under Paragraph (1), the execution debtor may furthermore raise an opposition of redemption of the debt on the basis of circumstances which have intervened after the establishment of the existence of the said debt.

(4) The judgment rendered shall be appealable according to the standard procedure. After the judgment enters into effect, the execution debtor may not contest the existence of the debt on grounds which the said debtor could have raised in the proceeding for the issuing of the replacement.

(5) If the act itself has been lost or destroyed and the content thereof cannot be restored by means of official documents, the petitioner may bring an action for performance against the execution debtor.

Enforcement Order: Application for Issuing
Article 410. (1) The applicant may request the issuing of an enforcement order:

1. for receivables of sums of money or of fungible things, where the action is cognizable in the regional court;

2. for the delivery of a movable thing which the execution debtor has received with an obligation to return the said thing or which is encumbered by a pledge or has been transferred to the debtor with an obligation to surrender possession, where the action is cognizable in the regional court.

(2) The application shall contain a prayer to issue a writ of execution and must comply with the requirements covered under Article 127 (1) and (3) and Items 1 and 2 of Article 128 herein.

Enforcement Order: Issuing
Article 411. (1) The application shall be submitted to the regional court exercising jurisdiction over the permanent address or over the registered office of the execution debtor, or over the place of enforcement.

(2) The court shall examine the application in private deliberation and shall issue an enforcement order within three days, except where:

1. the prayer does not comply with the requirements covered under Article 410 herein;

3. the execution debtor does not have a permanent address or a registered office within the territory of the Republic of Bulgaria;

4. the execution debtor does not have a habitual residence or a place of business within the territory of the Republic of Bulgaria.

(3) Where the application is granted, the court shall issue an enforcement order, a duplicate copy of which shall be served upon the execution debtor.

Enforcement Order: Content
Article 412. The enforcement order shall contain:

6. the obligation wherewith the execution debtor must comply, and the costs which the execution debtor must pay;

7. an invitation to the execution debtor to comply within two weeks after service of the order;

8. an instruction to the effect that the enforcement order will be invalidated if an opposition is lodged within the same time limit;

9. an instruction to the effect that if the execution debtor fails to lodge oppositions to the issuer of the order or to comply, the enforcement order will enter into effect and coercive enforcement will be proceeded with;

Appellate Review
Article 413. (1) The enforcement order shall be unappealable by the parties, except in the part regarding the costs.

(2) The order whereby the application is rejected in whole or in part shall be appealable by the applicant by an interlocutory appeal.

Opposition
Article 414. (1) The execution debtor may oppose in writing the enforcement order or a part thereof. Justification of the opposition shall not be required.

(2) An opposition shall be lodged within two weeks after service of the order, and the said time limit may not be extended.

Effect of Opposition
Article 415. (1) Where the opposition has been lodged in due time, the court shall instruct the applicant that the said applicant may bring an action regarding the receivable thereof within one month, depositing the balance of the stamp duty due.

(2) Where the applicant fails to present evidence that the said applicant has brought the action within the time limit set, the court shall invalidate the enforcement order in part or in whole, as well as the writ of execution issued under Article 418 herein.

Entry into Effect of Enforcement Order
Article 416. Where an opposition has not been lodged in due time or has been withdrawn, the enforcement order shall enter into effect. On the basis of the said order, the court shall issue a writ of execution and shall note this on the order.

Enforcement Order Based on Document
Article 417. Alternatively, the applicant may request the issuing of an enforcement order where the receivable, regardless of the amount thereof, is based upon:

1. an act of an administrative authority, whereunder the admission to enforcement is vested in the civil courts;

2. a document or an abstract of the books of account, whereby receivables of the government institutions, the municipalities and the banks are established;

3. a notarial act, a settlement or another contract bearing notarized signatures in respect of the obligations contained therein to pay sums of money or other fungible things, as well as obligations to deliver particular things;

4. an abstract of the registered pledges registry on a recorded security interest and on commencement of foreclosure: in respect of the delivery of pledged things;

5. an abstract of the registered pledges registry on a recording of a contract for sale with retention of title until payment of the purchase price or a lease contract: in respect of the return of corporeal things sold or leased;

6. a contract of pledge or a mortgage deed under Article 160 and Article 173 (3) of the Obligations and Contracts Act;

7. an effective act establishing a State or municipal receivable, where the enforcement of this act is effected according to the procedure established by this Code;

9. a promissory note, a bill or exchange or another negotiable security payable to order which is Equivalent thereto, as well as a bond or coupons attached thereto.

Immediate Enforcement
Article 418. (1) Where a document covered under Article 417 herein, whereupon the receivable is based, has been presented with the application, the creditor may approach the court with a motion to decree an immediate enforcement and to issue a writ of execution.

(2) The writ of execution shall be issued after the court verifies whether the document is prima facie conforming and whether the said document attests an obligation enforceable against the execution debtor. The court shall make a due note on the document presented and on the enforcement order regarding the issuing of the writ of execution.

(3) Where, according to the document presented, the exigibility of the receivable is contingent on the compliance with a cross-obligation or on the occurrence of another circumstance, the compliance with the said obligation or the occurrence of the said circumstance must be attested by an official document or by a document originating from the execution debtor.

(4) The order whereby the petition for the issuing of a writ of execution is refused in whole or in part shall be appealable by an interlocutory appeal within one week after communication of the said order.

(5) The enforcement order with the noting of the issuing of a writ of execution shall be served by the enforcement agent.

Immediate Enforcement Order: Appellate Review
Article 419. (1) The order whereby the petition for immediate enforcement is granted shall be appealable by an interlocutory appeal within two weeks after service of the enforcement order.

(2) The interlocutory appeal of the immediate enforcement order shall be submitted together with the opposition to the enforcement order as issued and may be founded only upon considerations derived from acts covered under Article 417 herein.

(3) The appellate review of the immediate enforcement order shall not stay the enforcement.

Stay of Enforcement
Article 420. (1) An opposition to the enforcement order shall not stay the coercive enforcement in the cases covered under Items 1 to 8 of Article 417 herein, except where the execution debtor furnishes due security to the creditor according to the procedure established by Articles 180 and 181 of the Obligations and Contracts Act.

(2) Where a motion for stay, supported by convincing written evidence, has been made within the time limit for opposition, the court which has decreed immediate enforcement may stay the said enforcement.

(3) The ruling on the motion for stay shall be appealable by an interlocutory appeal.

Partial Stay of Enforcement
Article 421. (1) Where there are multiple obligated persons, the security referred to in Article 420 (1) herein shall serve solely in respect of the person or persons for whom the said security has been furnished.