CODE OF CIVIL PROCEDURE
 
In force from 01.03. 2008
Prom. SG. 59/20 Jul 2007 , amend. SG. 50/30 May 2008 , amend. SG. 63/15 Jul 2008 , amend. SG. 
69/5 Aug 2008 , amend. SG. 12/13 Feb 2009 , amend. SG. 19/13 Mar 2009 , amend. SG. 32/28 Apr 2009 , 
amend. SG. 42/5 Jun 2009 , amend. SG. 47/23 Jun 2009 , amend. SG. 82/16 Oct 2009 , amend. SG. 13/16 Feb 
2010, amend. SG. 100/21 Dec 2010 , amend. SG. 5/14 Jan 2011 , amend. SG. 49/29 Jun 2012 , suppl. SG. 99
/14 Dec 2012 , amend. SG. 15/15 Feb 2013 , amend. SG. 66/26 Jul 2013 , amend. SG. 53/27 Jun 2014 , 
amend. SG. 98/28 Nov 2014 , amend. and suppl. SG. 50/3 Jul 2015 , suppl. SG. 15/23 Feb 2016 , amend. SG. 
43/7 Jun 2016 , amend. and suppl. SG. 8/24 Jan 2017 , suppl. SG. 13/7 Feb 2017 , amend. SG. 63/4 Aug 2017
, amend. and suppl. SG. 86/27 Oct 2017 , amend. SG. 96/1 Dec 2017 , amend. and suppl. SG. 102/22 Dec 
2017, amend. and suppl. SG. 42/22 May 2018 , amend. and suppl. SG. 65/7 Aug 2018 , amend. and suppl. 
SG. 38/10 May 2019 , amend. SG. 83/22 Oct 2019 , amend. SG. 98/13 Dec 2019 , amend. and suppl. SG. 100
/20 Dec 2019 , suppl. SG. 68/31 Jul 2020 , amend. and suppl. SG. 98/17 Nov 2020 , amend. and suppl. SG. 
110/29 Dec 2020 , amend. SG. 9/2 Feb 2021 , amend. and suppl. SG. 15/19 Feb 2021 , amend. SG. 15/22 Feb 
2022, suppl. SG. 62/5 Aug 2022
 
Part one.  
GENERAL RULES  
Chapter one.  
BASIC PROVISIONS  
Subject Matter  
Art. 1. This Code regulates proceedings on civil cases.
 
Due Diligence in providing defence and assistance  
Art. 2. The courts shall be obliged to hear and decide each submitted to them motion to defend and 
assist personal and property rights.
 
Good Faith  
Art. 3. The participants in the court proceedings and their representatives, against liability for 
damages, shall exercise proceedings rights, granted to them, in good faith and accordingly to the good 
morals. They shall state before the court the truth only.
 
Language of Jurisdiction, Translators and Interpreters in Bulgarian sign language (Title 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.amend. - SG 9/21, in force from 06.02.2021)  
Art. 4. (1) The language of jurisdiction shall be the Bulgarian language.
(2) Where in the lawsuit, persons, who do not speak the Bulgarian language, participate, the court 
shall appoint a translator, with whose help these persons shall perform the proceedings actions and the 
actions of the court shall be explained to them.
(3) (Amend. – SG 9/21, in force from 06.02.2021) Where in the lawsuit a deaf or dumb person 
participates, an interpreter in Bulgarian sign language shall be appointed for that person.
(4) (New - SG 98/20) Translation and interpretation may also be provided by video-conference, 
with the translator or interpreter present in the courtroom of the court, in which the hearing is held, unless 
the specific circumstances so require their presence with the person, whose hearing they attend.
 
Chapter two.  
BASIC PRINCIPLES  
Lawfulness  
Art. 5. The court shall hear and decide the lawsuits in accordance to the exact meaning of the laws, 
and where they are incomplete, unclear or contradictive – as per their common sense. In event of lack of 
law, the decision shall be based on the common principles of the legislation, custom and morals.
 
Principle of disposition  
Art. 6. (1) The court proceedings shall be initiated by an appeal of the interested person or by a 
request of the prosecutor in the provided by a law cases.
(2) The subject-matter of the lawsuit and the range of the due defence and assistance shall be 
determined by the parties.
 
Ex-officio Principle  
Art. 7. (1) The court shall perform ex-officio needed proceedings for the development and 
finalization of the lawsuit and shall monitor if the proceedings are admissible and dully performed by the 
parties. The court shall assist the parties to clarify the lawsuit in factual and legislative aspect.
(2) The court shall serve a copy of the acts which are subject to independent appeal.
(3) (New – SG 100/19) The court shall ex officio monitor the existence of unfair terms in a contract 
concluded with a consumer. It схалл provide an opportunity for the parties to express an opinion on these 
issues.
 
Principle of the contest  
Art. 8. (1) Each of the parties shall have the right to be heard by the court, before the act of 
importance to their rights and interests is pronounced.
(2) The parties shall state the facts, on which they ground their claims and shall present evidence of 
them.
(3) The court shall provide the parties with an opportunity to become acquainted with the claims 
and arguments of the opposing party, with the subject-matter of the lawsuit and its stage, as well as to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.express opinion on them.
 
Equity of the parties  
Art. 9. The court shall provide the parties with an equal opportunity to exercise the provided rights. 
The court shall apply the law equally to everybody
 
Finding the truth  
Art. 10. The court shall provide the parties with an opportunity and shall assist them to find the 
facts of importance to decide the case.
 
Publicity and directness  
Art. 11. The hearing of the lawsuits shall be done at an open session, except if in a law is provided 
this shall be done at a closed session.
 
Inner belief  
Art. 12. The court shall estimate all evidence to the case as well as the arguments of the parties 
according to the court’s inner belief.
 
Hearing and deciding lawsuits within a judicious term  
Art. 13. The court shall hear and decide the lawsuits within a judicious term.
 
Chapter three.  
SCOPE OF JURISDICTION  
Scope of jurisdiction over the civil cases  
Art. 14. (1) Each and every civil case shall be subject to court jurisdiction.
(2)The court shall decide by itself if the initiated lawsuit is subject to court jurisdiction.
(3) No other institution shall have right to accept for hearing a lawsuit, which is already subject to 
hearing by the court.
 
Check of the belonging to the scope of jurisdiction  
Art. 15. (1) The matter if an initiated lawsuit belongs to the scope of court jurisdiction may be put 
by each of the parties or ex-officio be the court on each stage of the lawsuit, except a term for this is stated 
by a law.
(2) The definition of the court on this matter shall be subject to appeal by a private complaint.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Dispute on the scope of jurisdiction  
Art. 16. If the court and the other institutions have refused to hear the lawsuit as not belonging to 
their scope of jurisdiction, he claimant may initiate a dispute on the scope of jurisdiction before the Supreme 
Court of Cassation.
 
Competence on causative matters  
Art. 17. (1) The court shall state position on all matters, which are of importance to decide the case, 
except for the matter if a crime is committed.
(2) The court shall pronounce ad hoc on the validity of the administrative acts, not depending on if 
they are subject to court control. The court cannot pronounce ad hoc on the lawfulness of the administrative 
acts, except for such act is being opposed to a party to the lawsuit, who has not been a participant in the 
administrative proceedings of its issuance and of its appellation.
 
Court Immunity  
Art. 18. (1) The Bulgarian court is competent on claims, a party to which is a foreign State, as well 
as and a person who has court immunity, in the following cases:
1. in event off waiver of court immunity;
2. on claims, grounded on contractual relations, where the performance of the obligation shall be in 
the Republic of Bulgaria;
3. on claims for damages from tort, done in the Republic of Bulgaria;
4. on claims regarding rights on hereditament and vacant succession in the Republic of Bulgaria;
5. on lawsuits, which are under the exclusive jurisdiction of the Bulgarian courts.
(2) The provisions of Para 1, items 2, 3 and 4 shall not be applied for legal transactions and actions, 
performed in execution of official functions of the persons, respectively in relation with the exercising of 
sovereign rights of the foreign State.
 
Arbitration agreement  
Art. 19. (1) (suppl. - SG 8/17) The parties to a property dispute may consent to settle it by an 
arbitration court, except the subject-matter of the dispute is real-estate rights or possession of a real-estate, 
maintenance or labour legal relationship rights or dispute, one of the parties in which is consumer under § 
13, item. 1 of the Additional Provisions of the Consumer Protection Act .
(2) The arbitration may have their seat abroad, if one of the parties has their customary place of 
residence, seat as per their Art.s of association or location of their actual management abroad.
 
Chapter four.  
COURTS  
Body of the court  
Art. 20. The first-instance lawsuits shall be heard in a body of one judge, and the appellation and 
cassation lawsuits – in a body of three judges and one of them shall be a chairperson of the body.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Deliberation  
Art. 21. (1) Deliberation and voting of the court body shall be conducted by the chairperson of the 
body and shall be secret.
(2) Noone of the judges may abstain from voting.
(3) The members of the body shall vote in a consequence following the hierarchy. First shall vote 
the junior member, and the chairperson shall vote last.
(4) Where, upon deciding the lawsuit on its merits, the court shall pronounce on several claims, on 
each of them a separate vote shall be conducted.
(5) The judgements of the court shall be adopted by a majority of the judges` votes.
(6) The judge, who disagrees with the opinion of the majority, shall sign the judgement by 
separately motivating his own opinion.
 
Grounds for recusal  
Art. 22. (1) A person cannot participate in a case as a judge when:
1. they are a party in the case or, together with any of the parties to said case, they are subject to the 
disputed relationship or the legal relationship related thereto;
2. they are a spouse or relative in a straight line without limitation, in a collateral line up to the 
fourth degree, or relative-in-law up to the third degree, of one of the parties, or of its representative;
3. they live in cohabitation with a party in said case, or with a representative of that party;
4. they have been a representative, respectively proxy, of a party to the case;
5. they have taken part in the case’s judgement in another instance, or have been a witness or an 
expert in that case;
6. there are other circumstances regarding that person which give rise to reasonable doubt about 
their impartiality.
(2) The judge shall be obliged to recuse themself in the cases under par. 1, items 1 to 5, and when 
they do not accept the recusal under par. 1, item 6, shall be obliged to declare these circumstances.
 
Recusal Procedure  
Art. 23. (1) Either party in the hearing may request a recusal after the reason for it has occurred or 
has become known.
(2) The court shall resolve the issue of the recusal in the presence of the judge, for whom the 
request has been made.
(3) Should the hearing of the case in the respective court proves impossible due to the recusal of 
judges, the higher court shall order the case be referred to another equal court and be heard before it.
 
Recusal of Other Officials  
Art. 24. On the grounds of Art. 22, Para 1 , the prosecutor and the court secretary may be removed.
 
Court requests  
Art. 25. (1) Where taking of evidence must be done outside the region of the court, the court may 
delegate collection to the local regional court.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) The court shall announce before the delegated court the term within which the evidence shall be 
taken, and, if possible, the day of the next session on the lawsuit.
(3) The delegated court shall notify immediately the delegating court of all circumstances, which 
delay or establish bars for the execution of the request.
(4) The delegated court shall issue a determination on all matters relating to the implementation of 
the delegation.
 
Chapter five.  
Parties. Representation  
Parties 
Art. 26. (1) Parties in civil cases shall be the persons on whose behalf and against whom any given 
case is brought.
(2) Except in the cases provided for by law, no one can claim alien rights in court.
(3) The prosecutor may participate in proceedings with rights of a party in the cases provided by 
law. He can not carry out actions that constitute disposition with the subject matter of the case.
(4) In a case where any alien is claimed, the person whose right is claimed shall also be summoned 
as a party.
 
Capacity to proceed  
Art. 27. (1) Capable to proceed shall be the entity who is capable for the material right.
(2) (amend. – SG 43/16) Capable to proceed shall also be the State institutions, the Chairpersons of 
which are administrators of budget. If the Chairperson of the State institution is not an administrator of 
budget, the court proceedings shall be executed on the behalf of and against the higher in the hierarchy 
institution – the Chairperson of which is an administrator of budget.
 
Ability to proceed  
Art. 28. (10) The able natural persons shall perform the proceedings in person.
(2) The minors and persons of limited ability shall execute proceedings in person, but with the 
consent of their parents or guardians.
(3) The minors may conduct their lawsuits in person for disputes on labour legal relationship or for 
disputes arising from transactions of Art. 4, Para 2 of the Persons and Family Act , as well as in other 
cases stated by a law.
(4) The minors and the persons under full judicial disability shall be represented by their ex- lege 
representatives – parents and guardians.
 
Special procedure representation  
Art. 29. (1) The missing persons shall be represented by the representatives appointed to them by 
the court, and the those declared to be absent - from the heirs who have been entered into possession.
(2) Any party wishing to take procedural action against a person who is ineligible and without a 
legal representative or trustee may apply to the court, before which the case is pending, to appoint a special 
representative. In this case, the costs shall be initially borne by the party.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(3) Any person with unknown permanent and present address shall be represented by a person 
specifically appointed by the court. In this case, costs shall be initially borne by the opposing party.
(4) In case of contradiction between the interests of the represented and the representative, the court 
shall appoint a Special Representative. In this case, the court shall, depending on the circumstances, 
determine whether the costs shall initially be borne by the represented or the representative.
(5) The Special Representative may perform actions for which an explicit Power of Attorney is 
required only with the approval of the court before which the case is heard.
 
Representation of legal persons  
Art. 30. (1) Legal persons shall be represented before the courts by the persons who represent them 
ex-lege or as per their rules of association.
(2) Where there are no rules for representation, the legal person shall be represented by two 
members of the management.
(3) The State institutions shall be represented by their heads as per their rules of association.
(4) The municipalities shall be represented by the mayors.
 
Representation of the State  
Art. 31. (1) The State shall be represented by the Minister of Finance, unless otherwise provided by 
law.
(2) (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14) As regards to lawsuits 
related to real estate property - state property, the State shall be represented by the Minister of Regional 
Development and Public Works.
 
Representation by Power of Attorney  
Art. 32. Representatives by Power of Attorney may be:
1. the lawyers;
2. the parents, the children or the spouse;
3. the legal-advisors or the other employees who have degree in law at the institutions, enterprises, 
legal persons or of the sole entrepreneur;
4. (amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14) the district governors, 
empowered by the Minister if Finance or by the Minister of Regional Development and Public Works, in the 
cases of Art. 31;
5. other persons, envisaged by a law.
 
Power of Attorney  
Art. 33. The lawyers shall identify themselves by a Power of Attorney signed by the party itself or 
its representative. The Power of Attorney shall state the full name, exact address and telephone number of 
the lawyer. Authorization may also be made verbally before the court and shall be noted in the minutes of 
the hearing.
 
Representative Powers  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 34. (1) The General Power of Attorney shall authorize the performance of all [rpcedural 
actions, including receipt of deposited expenses and re-authorizations.
(2) In order to claim civil status, including matrimonial claims, an explicit Power of Attorney shall 
be required.
(3) For the conclusion of a settlement, for the reduction, withdrawal or refusal of the claim, for the 
recognition of the other party's requests, for receipt of money or other valuables, as well as for actions 
representing disposal with the subject of the case, an explicit Power of Attorney shall be required.
(4) The Power of Attorney shall be valid until the conclusion of the case in all instances, unless 
otherwise agreed.
 
Withdrawal of the Power of Attorney  
Art. 35. The principal shall have the right to withdraw the Power of Attorney at any time notifying 
the court thereof, but that does not stop the case. All actions legally performed by the lawyer until the Power 
of Attorney is withdrawn shall remain in effect.
 
Postponement of the case upon termination of representation  
Art. 36. In case of death, mental disorder or deprivation of rights of the lawyer, as well as a waiver 
of his Power of Attorney, for which he has informed the court, the proceedings shall not be suspended, but 
the hearing may be postponed for another session, if the court finds that these circumstances could not have 
been known to the party, or that the latter had learned about them so late that it could not have replaced its 
lawyer with another in a timely manner.
 
Chapter six.  
NOTIFICATIONS AND SUMMONS  
Section I.  
Notifications  
Addressee  
Art. 37. Addressee shall be the person for whom the notification is intended.
 
Address of serving  
Art. 38. (1) (Previous text of Art. 38, amend. - SG 110/20, in force from 30.06.2021) The 
notification shall be served at the address, which is given for the case.
(2) (New - SG 110/20, in force from 30.06.2021) Serving may be effected at an electronic address 
for service chosen by the party through:
1. the single portal for e-justice;
2. a qualified service for electronic registered mail according to Art. 3, paragraph 37 of Regulation 
(EU) № 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic 
identification and trust services for electronic transactions in the internal market, and 
repealingDirective 1999/93/EC (OJ, L 257/73 of 28 August 2014), hereinafter referred to as 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г."Regulation (EU) № 910/2014".
(3) (New - SG 110/20, in force from 30.06.2021) When no option for service under Para. 2 has 
been selected, but the party has indicated an e-mail address, the service shall be performed at the indicated 
address.
(4) (New - SG 110/20, in force from 30.06.2021) The consent for service under Para. 2 and 3 may 
be withdrawn at any time, and the withdrawal shall not affect the regularity of the actions already 
performed.
(5) (New - SG 110/20, in force from 30.06.2021) When service under Para. 1-3 cannot be effected, 
the notification shall be delivered to the current address of the party, and in the absence of such - to the 
permanent one.
(6) (New - SG 110/20, in force from 30.06.2021) The party may indicate an electronic address for 
service belonging to an expert, witness and third party, obliged to present a document in its possession.
 
Obligation to indicate an e-mail address  
Art. 38a. (New - SG 110/20, in force from 30.06.2021) (1) The person who has performed a 
procedural action in electronic form shall be obliged to indicate an electronic address for notification for 
certifying the receipt of the electronic statement and for the result of the technical inspection of the 
performed action.
(2) When performing a procedural action in electronic form, the person may agree to accept 
electronic statements and electronic documents from the court in the case in the proceedings before the 
respective instance or before all instances.
(3) The person, who has performed a procedural action in the unified portal for electronic justice, 
shall agree to accept electronic statements and electronic documents, communications, summons and papers 
in the proceedings before the respective court instance and before all instances.
(4) The consent under Para. 2 and 3 may be withdrawn at any time, and the withdrawal shall not 
affect the regularity of the actions already performed.
 
Serving on a representative  
Art. 39. (1) Where the party has stated at the seat of the court a person, to whom the notifications 
may be served – proceedings addressee, or has a lawyer for the lawsuit, serving shall be executed to that 
person or to the lawyer.
(2) If several claimants or defendants have stated common proceedings addressee or have a lawyer 
at the seat of the court, for all the persons one notification shall be made, where their names shall be 
inserted.
(3) In the event of more than one claimants or defendants, where their interests are not in collision, 
the court – upon request of the opposite party or at its discretion  - may oblige them to state one of them or 
another person as mutual proceedings addressee. In event of failure to perform this obligation, the court may 
appoint a representative to whom papers shall be served at their expense and risk.
(4) Where the addressee is not procedurally able, notification shall be served to his ex-lege 
representative.
 
Proceedings addressee  
Art. 40. (1) The party living abroad or leaving for more than one month abroad shall be obliged to 
provide a person at the seat of the court, to whom the notifications shall be served – a proceedings 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.addressee, if the party has no lawyer for the lawsuit in the Republic of Bulgaria. The same obligation shall 
have the ex-lege representative, the guardian and the lawyer of the party.
(2) Where the persons of Para 1 do not state proceedings addressee, each and all notifications of the 
case shall be considered served. For these consequences, they must be warned by the court when the first 
notification is  served.
 
Obligation to notify  
Art. 41. (1) (Amend. and suppl. - SG 110/20, in force from 30.06.2021) The party who is absent for 
more than a month from the address it has provided for the case or to which a notification was once served 
shall be obliged to inform the court of its new address. Such obligation shall also befall to the party when the 
latter has indicated an electronic address for service. The same obligation shall lie with the legal 
representative, trustee and lawyer of the party.
(2) (Suppl. - SG 110/20, in force from 30.06.2021) In case of non-fulfillment of the obligation 
under para. 1, as well as when the party has indicated an electronic address for service, but has changed it 
without notifying the court, or has given an incorrect or non-existent address, all notifications shall be 
attached to the case and shall be deemed served. For these consequences, the party must be warned by the 
court when the first notification is served.
 
Service by e - mail  
Art. 41a. (New - SG 110/20, in force from 30.06.2021) (1) When service is effected under Art. 38, 
Para. 2, the message containing information for withdrawal of the summons, the message or the papers shall 
be considered served on the day of its download by the addressee. In case the message has not been 
downloaded within 7 days of its sending, it shall be considered served on the first day after the download 
deadline.
(2) When the service is carried out under Art. 38, Para. 3 and 6, the message containing information 
for download of the summons, the message or the papers shall be considered served on the day on which the 
addressee has confirmed its receipt. In case the receipt has not been confirmed within 7 days from its 
sending, the message shall be served in the general order.
 
The persons serving the papers  
Art. 42. (1) Serving notifications shall be executed by an employee of the court, by post or by 
courier services by registered parcel with certificate of delivery. Where there is no court institution at the 
place of serving, serving may be done through the municipality or the mayoralty.
(2) Upon request of the party, the court may rule notifications to be served by a private bailiff. The 
expenses for the private bailiff shall be borne by the party.
(3) (Amend. - SG 110/20, in force from 30.06.2021) Where the notification is not served by the 
order of Para. 1 and 2, as well as in the cases of disasters, accidents and other unforeseen circumstances, the 
court may exceptionally order the service to be done by an employee of the court by telephone, e-mail 
address, telex, fax or telegram.
(4) (Repealed - SG 110/20, in force from 30.06.2021)
 
Ways of serving  
Art. 43. (1) The notification shall be served personally or through another person.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) The court may order the serving be made by enclosing the notification with the case, or by 
sticking a notification.
(3) The court may order the serving be made by publication.
 
Certification of serving  
Art. 44. (1) The person serving the papers shall certify with his signature the date and the way of 
service, and all actions in relation to the serving. He shall also note the capacity of the person to whom the 
notification was served, by requesting that person provide a proof of identity and present an identity 
document. Upon refusal to present the identity document, the person serving the papers may request the 
assistance of the General Directorate of Security at the Ministry of Justice. The recipient shall also certify 
with their signature that they have received the notification. Refusal to accept the notification shall be 
indicated on the receipt and shall be certified by the signature of the person serving the papers. The refusal 
of the recipient shall not affect the validity of the serving.
(2) Serving by telephone or fax shall be certified in writing by the person serving the papers; 
serving by telegram shall be certified with a notification of delivery and, if serving is done by telex - with 
written confirmation for a message sent. Serving by post shall be certified by the return receipt.
(3) (Amend. - SG 110/20, in force from 30.06.2021) Serving by electronic mail shall be certified 
by:
1. an electronic record from the information system of the portal, stamped with a qualified 
electronic seal of the court with certified time or with a qualified electronic time stamp - upon service under 
Art. 38, Para. 2, item 1 ;
2. an electronic record of the service by the qualified provider of electronic trust services - upon 
service under Art. 38, Para. 2, item 2;
3. a confirmation that the notification has been received - upon service under Art. 38, Para. 3 and 6.
(4) The receipt certifying the serving by a court official or by a private enforcement agent, the 
return receipt certifying the serving by an employee of the post, a telegram delivery notification and the 
written confirmation of a telex message sent shall be returned to the court immediately after their drafting.
 
Personal serving  
Art. 45. (Suppl. - SG 110/20, in force from 30.06.2021) The notification shall be served personally 
to the addressee. Serving a representative and to an email address for serving shall be considered personal 
serving.
 
Serving on another person  
Art. 46. (1) Where the notification cannot be served personally to the addressee, it shall be served 
to another person, who agrees to accept it.
(2) This other person may be any family member of age, or whoever lives at that address, or is a 
worker, employee or employer of the addressee, respectively. The person through whom serving is done 
shall sign on the receipt undertaking the obligation to forward the summons to the addressee. Persons who 
are involved in the case as opposing party to the addressee must not be served.
(3) The court shall exclude from the other persons these, who are interested of the result of the 
lawsuit or are explicitly pointed in a written statement of the addressee.
(4) By serving the notification on another person, it shall be deemed served on the addressee. The 
addressee may require recovery of the term, if he was absent at the address and it was not possible for him to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.learn in time about the serving. The term of Art. 64, Para 2  shall start running from the moment when the 
addressee could have learned about the serving.
 
Serving by sticking the notification  
Art. 47. (1) (suppl. – SG 86/17) If the defendant cannot be found at the address stated for the case 
in the period of one month, and a person to agree to receive the notification has not been found, the person 
serving the papers shall stick the notification on the door or on the mail box, and where access to them is not 
provided – on the entrance door or at a visible spot around it. Where access to the mail box exists, the person 
serving the papers shall put notification into it. The inability to locate the defendant at the address given for 
the case shall be ascertained by visiting the address at least three times, with at least one week interval 
between each visit, whereby at least one of the visits is in a non-working day. This rule shall not apply when 
the person serving the papers has gathered information that the defendant does not live at the address by 
consulting with the condominium manager, the mayor of the respective settlement or otherwise, and has 
certified this information by indicating the source thereof in the notification.
(2) In the notification shall be noted that the papers have been left at the court office, if the serving 
is being executed by a clerk of the court or by a private bailiff, respectively in the municipality, if the 
serving is being executed by its employee, as well as that they may be received there within two weeks term 
from sticking the notification.
(3) (Amend. and suppl. – SG 86/17) Where the defendant does not appear to receive the papers, the 
court shall check ex-officio his address registration, except in the cases of Art. 40, Para 2  and Art. 41, Para 
1, when the notification shall be attached to the file. If the stated address does not coincide with the present 
address of the party, the court shall rule serving at the present address of the party under the procedure of 
Para 1 and 2. The court shall also ex-officio check the defendant's place of work and shall order serving at 
the place of employment, respectively the place of service or the place of performed economic activity.
(4) (Revoked – SG 86/17)
(5) The notification shall be considered served when the term to receive it from the court office or 
from the municipality has expired.
(6) (Suppl. – SG 86/17) When court finds the serving is due, the court shall rule notification shall 
be enclosed to the file and shall appoint a special representative on expenses of the claimant. The 
remuneration of the special representative shall be determined by the court according to the factual and legal 
complexity of the case, whereby the amount of the remuneration may also be below the minimum for the 
respective type of work according to Art. 36, para. 2 of the Lawyers Act , but not less than one half of it.
(7) (suppl. – SG 42/09) Provisions of Para 1 – 5 shall be applied respectively to the serving 
notifications to a supporting party and to serving an order for execution.
(8) Provisions of Para 1 and 2 shall be applied for serving notifications to a witness, an expert and a 
person not participating in the lawsuit, and the notification shall be put into the mail box, but where access 
to it is not provided – by sticking a notification.
 
Serving by a public announcement  
Art. 48. (1) (amend. - SG 100/10, in force from 21.12.2010) If at the moment of filing the lawsuit, 
the defendant has no registered permanent or present address, upon request of the claimant, announcement 
to him about filing the lawsuit, shall be executed by publication in the Private Section of the State Gazette, 
done at least one month before the session. The court shall allow serving to be done under this procedure, 
after the claimant certifies by a reference, that the defendant has no address registration and the claimant 
confirms by an affidavit that the address of the defendant abroad is not known to him.
(2) (amend. – SG 100/10, in force from 21.12.2010) If, although the publication, the defendant does 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.not appear at the court to receive copies of the claim motion and the attchments, the court shall appoint for 
him a special representative on expenses of the claimant.
 
Place of serving  
Art. 49. Place of serving is the home, summer-house, place of work, place of service, place of 
performing business activity or another place, which is inhabited by the addressee, as well as any other place 
where the addressee can be found.
 
Serving on traders and legal entities  
Art. 50. (1) The place of serving on traders or on legal entities listed in the respective register shall 
be the latest stated address in said register.
(2) If the person has left the address and there is no new address entered, all notifications shall be 
enclosed to the file and considered validly served.
(3) Serving on traders and legal entities shall be done in their offices and may be done on every 
employee or worker who agrees to accept it. When certifying the serving, the person serving the papers shall 
note the names and position of the accepting person.
(4) In event the person serving the papers does not find access to the office or does not find 
anybody to agree to accept the notification, he shall stick the notification under Art. 47, Para 1 . A second 
notification shall not be stuck.
(5) (New - SG 110/20, in force from 30.06.2021) Serving on credit and financial institutions, 
including debt collectors, insurance and reinsurance companies and traders supplying energy, gas or postal, 
electronic, communications or water and sewage services, notaries and private bailiffs shall be carried out 
only by the order of Art. 38, Para. 2  to the e-mail address indicated by them.
 
Serving on a lawyer  
Art. 51. (Amend. - SG 110/20, in force from 30.06.2021) (1) Serving on a lawyer shall be done 
through the single e-Justice portal or at any location where they operate in their business capacity.
(2) The lawyer may declare in the portal under Para. 1 that he is absent and will not accept 
notifications for certain periods of time, which within one calendar year cannot be with a total duration of 
more than 60 days, except for the days of absence due to temporary inability to work, which shall also be 
declared. Notifications sent during the declared period of absence must be downloaded within 7 days from 
the day following the expiration of the declared period of absence. The notifications shall be deemed 
delivered on the day of their download or, in case they are not downloaded, with the expiration of the 
download deadline.
(3) The lawyer cannot refuse to receive the notification for his client, except after withdrawal of the 
Power of Attorney under the procedure of Art. 35, waiver of powers under Art. 36, as well as if from the 
Power of attorney it is clearly obvious that it does not concern the instance or the proceedings for which is 
the summoning. Refusal of the lawyer to accept the notification shall be stated electronically in the unified 
portal for electronic justice, respectively it shall be noted in the receipt and certified by the signature of the 
server. Unfounded refusal shall not influence the validity of the serving.
 
Serving on State institutions and municipalities  
Art. 52. (1) (Previous text of Art. 52 - SG 110/20, in force from 30.06.2021) State institutions and 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.municipalities shall be obliged to provide an employee, who shall receive notifications during working 
hours.
(2) (New - SG 110/20, in force from 30.06.2021) Serving on state institutions and municipalities 
shall be carried out only by the order of Art. 38, Para. 2  to the e-mail address indicated by them.
 
Serving on foreigners residing in the country  
Art. 53. Serving on foreigners residing in the country shall be done to the address declared in the 
respective administrative services.
 
Correcting irregularities in the process of serving  
Art. 54. If there are irregularities in the serving process, the latter shall be deemed done at the 
moment, at which the notification has actually reached the addressee.
 
Templates  
Art. 55. The Minister of Justice shall issue an Ordinance approving the templates of all papers 
related to the serving.
 
Section II.  
Summoning  
Summons  
Art. 56. (1) The court shall summon the parties to attend the hearing of the case.
(2) The parties who are duly summoned shall not be summoned for the next hearing in the event of 
adjournment of the case when its date has been announced at the session.
(3) Summoning shall be done one week before the hearing at the latest. This rule shall not apply for 
the enforcement procedure.
Contents of the summons  
Art. 57. In the summons, stated shall be the following:
1. the issuing court;
2. the name and the address of the summoned person;
3. for which case and in what capacity the person has been summoned;
4. place and time of the session;
5. the legal consequences if the person fails to appear before the court.
 
Procedure for serving summons  
Art. 58. Summons shall be served under the procedure of serving notifications.
 
Chapter seven.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.TERMS AND TERM RESTORATION  
Section I.  
Terms 
Determination of terms  
Art. 59. Terms in the procedure, when not established by law, shall be determined by the court.
 
Calculating terms  
Art. 60. (1) Terms shall be counted in years, months, weeks and days.
(2) The term counted in years shall expire on the respective day of the last year, and if the last 
year's month has no respective number, the term shall expire on its last day.
(3) The term counted in months shall expire on the respective day of the last month, and if the last 
month has no respective number, the term shall expire on its last day.
(4) The term counted in weeks shall expire on the respective day of the last week.
(5) The term counted in days shall be calculated from the day following the one, on which the term 
starts to run, and shall expire at the end of the last day.
(6) Where the last day of the term is a non-attendance day, the term shall expire on the first 
following working day.
 
Stopping of term  
Art. 61. (1) (Previous text of Art. 61 - SG 86/17) Upon stopping the proceedings, all terms having 
started to run but not yet expired shall also stop running. In this case, the suspension of the time-limit shall 
begin from the event in respect of which the proceeding has been suspended.
(2) (New - SG 86/17, revoked – SG 65/18, in force from 01.09.2018)
 
Expiry of terms  
Art. 62. (1) (Amend. - SG 110/20, in force from 30.06.2021) The last day of the term shall continue 
up to the end of the twenty-fourth hour. If a proceeding must be performed or something must be submitted 
at the court, the term shall elapse at the time the working hours are over.
(2) (Amend. - SG 110/20, in force from 30.06.2021) The term shall not be considered missed, if the 
application has been sent via postal services or electronically. It shall also not be considered missed, if the 
application has been filed within term in another court or at the prosecutor's office.
(3) If the court determines a longer than the stated in a law term, the proceeding performed after the 
established in a law, but before the determined by the court term, shall not be considered late.
(4) (New - SG 110/20, in force from 30.06.2021) The electronic statement, with which a procedural 
action is performed, shall be considered to have been received by the court to which it is addressed, upon its 
entry into the system of the single portal for e-justice.
 
Prolongation of the term  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 63. (1) The stated in a law and the determined by the court terms may be prolonged by the 
court upon a request of the interested party, filed before they elapsed, if a reasonable cause exist.
(2) The newly determined term cannot be shorter than the initial one. Prolongation of the term shall 
start from the moment the initial one elapses.
(3) Para 1 shall not be applied for terms to appeal and to file application for cancellation of an 
effective judgement.
 
Section II.  
Restoration of term  
Conditions  
Art. 64. (1) The proceedings, done after the determined term elapsed, shall not be taken in 
consideration by the court.
(2) The party which has missed the statutory or court-appointed deadline may request its 
restoration, if it proves that the omission is due to particular unforeseen circumstances that said party could 
not have overcome.
(3) The restoration request shall be filed within one week of the notice of the deadline’s omission. 
Restoration shall not be granted, if it had been possible to extend the term for the performance of the omitted 
action.
(4) The time limit for filing a term restoration request shall not be extended.
 
Request for restoration  
Art. 65. (1) The request shall state:
1. all circumstances which justify it;
2. all evidence of its merits.
(2) Together with the term restoration request shall be submitted the papers for whose submission 
the term restoration is requested; if the said term relates to payment of expenses, the court shall set a new 
deadline for their submission.
(3) Submission of the request shall not stop the course of the proceedings.
Procedure  
Art. 66. (1) The request shall be filed with a copy for the opposite party which may reply within 
one week. The request shall be examined at an open session.
(2) Against the ruling by which restoration of the term is refused, a private complaint may be filed.
(3) Where recognizing the request demands an open session to be held, the court may, if necessary, 
annul actions taken before term restoration.
 
Expenses  
Art. 67. All expenses incurred by the opposite party following the exceeding of term and within 
term restoration proceedings shall be borne by the petitioner.
 
Chapter eight.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.FEES AND EXPENSES  
Section I.  
Price of the claim  
Price of the claim  
Art. 68. The monetary evaluation of the subject-matter of the claim shall be the price of the claim.
 
Amount of the price of the claim  
Art. 69. (1) The amount of the price of the claim shall be:
1.of claims for monetary receivables – the claimed sum;
2. of claims for ownership and other real rights over a property – the fiscal evaluation, and if there 
is no such – the market value of the respective right;
3. of claims for violated possession – one quarter of the amount of item 1;
4. of claims for existence, for nullification or termination of a contract or for concluding of a final 
contract – the value of the contract, and where the contract has as a subject matter real rights over property – 
the amounts of item 2;
5. of claims for existence or termination of rent contract – the rent for one year;
6. of claims for periodical payments for a definite period – the total of all payments;
7. of claims for periodical payments for a non-definite period or for life-time payments – the total 
of the payments for three years;
(2) For claims not stated in Para 1 the court shall determine an initial price of the claim.
 
Determination of the price of the claim  
Art. 70. (1) The price of the claim shall be stated by the claimant. Matter of the price of the claim 
may be raised by the defendant or by the court at the first session of case hearing latest. In event of 
discrepancy between the stated price and the actual one, the court shall determine the price of the claim.
(2) The ruling of the court, by which the price of the claim is increased, shall be subject to appeal 
by a private complaint.
(3) For claims, over which the evaluation represents a complication at the moment of filing the 
claim, the price of the claim shall be determined approximately by the court, and subsequently an additional 
fee shall be demanded or reimbursed the exceeding one, as per price which court shall determine upon 
deciding the case.
 
Section II.  
State Fees and Expenses  
Obligation for fees and expenses  
Art. 71. (1) For handling the case, State fees on the price of the claim and expenses for the 
proceedings shall be collected. If the claim is invaluable, the amount of the State fee shall be determined by 
the court.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) (Amend. – SG 86/17) Where the subject matter of the case is a right of ownership or other 
property rights for an estate, as well as on claims for the existence, destruction or termination of a contract 
with the subject of property rights over an estate and for the conclusion of a final contract with such subject, 
the amount of the State fee shall be determined over one quarter of the price of the claim.
(3) (New - SG 110/20, in force from 30.06.2021) When procedural actions are performed in 
electronic form, the courts shall indicate clearly, comprehensibly and unambiguously the obligation to pay 
fees and expenses on their websites, respectively on the single portal for e-justice, indicating the ways of 
their payment electronically.
 
State fees for joinder of claims  
Art. 72. (Amend. – SG 86/17) (1) For joinder of claims in defense of one interest, one state fee 
shall be collected over the protected interest, regardless of the number of defendants.
(2) For joinder of claims in defense of various interests, the minimum fee shall be collected from all 
interests.
 
State fees  
Art. 73. (1) State fees shall be simple and proportional.
(2) Simple fees shall be determined on the base of the needed materially-technical and 
administrative expenses for the proceedings. The proportional fees shall be determined on the interest.
(3) The State fee shall be collected upon submission of the claim to defend or assist and upon 
issuance of the document, for which the fee shall be paid, as per a tariff adopted by the Council of Ministers.
(4) (New - SG 110/20, in force from 30.06.2021) The courts shall provide the parties with the 
option to pay fees electronically. In case the request for protection and assistance is made in electronic form 
under Art. 102f  in the single portal for e-justice, the due state fee shall be reduced by 15 percent. Upon 
withdrawal of the consent for serving in this way, the difference up to the full amount of the due state fee 
shall be replenished by the obligated person within 7 days.
(5) (New - SG 49/12, amend. – SG 86/17, amend. – SG 96/17, in force from 02.01.2018, previous 
Para. 4 - SG 110/20, in force from 30.06.2021) The percentage of the proportional fee for enforcement cases 
shall decrease as the interest increases and the fee can not exceed the maximum amount set in the tariff 
under Para. 3. A proportional inventory fee shall be charged on the lesser amount between the price of the 
item included in the inventory and the cash receivable. A proportional inventory fee shall be deducted from 
the charge for execution of a cash claim, which may not exceed by more than one half of its amount 
determined at the moment the inventory is executed. The sum of all proportional fees at the expense of the 
debtor or of the enforcement creditor in one enforcement proceeding may not exceed one tenth of the 
obligation unless their minimum amount, specified in the tariff, exceeds that amount. For an obligation in 
excess of forty-five minimum wages, this sum may not exceed one-fifteenth of the obligation but not less 
than three minimum wages.
 
Fees for enforcement  
Art. 73a. (New – SG 86/17) (1) The sum of all the enforcement fees at the expense of the debtor in 
one enforcement procedure shall not exceed - for liabilities amounting:
1. up to 10 percent of the minimum wage - 30 percent of the minimum wage;
2. from 10 to 20 percent of the minimum wage - 40 percent of the minimum wage;
3. from 20 to 50 percent of the minimum wage - 50 percent of the minimum wage;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.4. from 50 percent upto one minimum wage - 70 percent of the minimum wage;
5. from one to two minimum wages - 80 percent of the minimum wage;
6. from two to three minimum wages - 90 percent of the minimum wage.
(2) The total sum of the enforcement fees shall not include the fees in connection with the 
administration of complaints against actions of the bailiff, as well as with notification and accession of 
joined creditors.
(3) In cases where the total amount of the fees under para. 1 has been reached, and the creditor 
requests new enforcement actions, the fees therefor shall be at his expense and shall not be due by the 
debtor.
 
Amendment of the claim  
Art. 74. Upon decreasing of the claim, the fee shall not be refunded. Upon increase in the claim, the 
fee for the extra amount shall be paid additionally.
 
Determination of the expenses  
Art. 75. The remuneration of the witnesses shall be determined by the court taking into account the 
time spent and expenses made, and the remuneration of the experts shall be determined by the court taking 
into account the work done and the expenses made.
 
Payment in-advance of the expenses  
Art. 76. Each of the parties shall depose in advance at the court the expenses for the proceedings, 
which the party has required. The sums for expenses for proceedings required by both of the parties or by 
initiative of the court shall be deposed by the both parties or by one of them, depending on the 
circumstances.
 
Enforced collection of expenses  
Art. 77. If the party remains liable for expenses, the court shall prescribe a determination for their 
enforced collection.
 
Awarding expenses  
Art. 78. (1) The fees paid by the claimant, as well as the expenses for the proceedings and the 
remuneration for one lawyer, if the party had such, shall be paid by the defendant proportionally to the 
recognized part of the claim.
(2) If the defendant, with his behaviour, has not given any cause for the case to be brought, and if 
he acknowledges the claim, the expenses shall be awarded to the claimant.
(3) The defendant shall also be entitled to claim payment of the costs incurred by him in proportion 
to the rejected part of the claim.
(4) The defendant shall also be entitled to expenses when the case is terminated.
(5) Should the lawyer's remuneration paid by the party be excessive in the light of the actual legal 
and factual complexity of the case, the court may, at the request of the opposite party, award a lower amount 
of the expenses in the part thereof, but not less than the minimum determined according to Art. 36 of the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Lawyers Act .
(6) Where the case is decided in favor of a person exempt from either state fees or proceedings’ 
expenses, the sentenced person shall be obliged to pay all due fees and expenses. The respective amounts 
shall be awarded in favour of the court.
(7) If the claim of the person using legal aid is granted, the lawyer's remuneration already paid shall 
be awarded in favour of the National Legal Aid Bureau in proportion to the recognized part of the claim. In 
the case of a conviction, the person who has used legal aid shall owe expenses in proportion to the rejected 
part of the claim.
(8) (amend. - SG 8/17) Lawyer remuneration in amount determined by the court shall also be 
awarded in favour of legal persons or sole traders, if they have been defended by an employee – legal 
advisor. The amount of awarded remuneration cannot exceed maximum amount for corresponding type of 
lawsuit, determined in Art. 37 of the Legal Aid Act .
(9) If the case is finalized by an agreement, half of the deposed State fee shall be refunded to the 
claimant. The expenses for proceedings and for the agreement shall remain for the parties as were done, if 
not otherwise agreed.
(10) To the third assisting person expenses shall not be awarded, but he shall owe the expenses he 
has caused by his procedural actions.
(11) Where the prosecutor participates in the case as a Party, due expenses shall be awarded to the 
State, or shall be paid by the State.
 
Expenses for enforcement  
Art. 79. (1) Expenses for the enforcement shall be borne by the debtor, except where:
1. the case is terminated according to Art. 433, except for when payment is made after the initiation 
of the enforcement proceedings, or
2. the enforcement actions are abandoned by the creditor, or are revoked by the court.
3. (new – SG 86/17) the expenses incurred by the creditor are for enforcement methods which have 
not been applied.
(2) Where the fees for the enforcement have not been deposited by the enforcement creditor, they 
shall be collected from the debtor.
(3) (new - SG 49/12) No fees shall be collected for taking an inventory of  property within the time 
limit for voluntary performance.
 
List of the expenses  
Art. 80. (amend. – SG 100/10, in force from 21.12.2010) The party which has asked for expenses to 
be awarded shall submit to the court a list of expenses at the latest by the end of the last hearing at the 
relevant instance. Otherwise, it shall not be entitled to seek amendment to the ruling in its part on expenses.
Awarding of expenses  
Art. 81. In each act with which the case has ended in the respective instance, the court shall also 
rule on the expenses claim.
 
Disposition regarding deposed amounts for expenses and guaranties  
Art. 82. The amounts in cash and valuables deposited for expenses and guarantees shall be deposed 
as income to the state budget, if they are not requested within one year from the date on which they have 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.become due.
 
Exemption from fees and expenses  
Art. 83. (1) Fees and expenses for the handling of the lawsuits shall be not deposed:
1. by the claimants – workers, employees and members of cooperation for claims, arising from 
labour legal relationships;
2. by the claimants for claims for maintenance;
3. for claims filed by a prosecutor;
4. by the claimant – for claims for damages from tort from a crime, for which a verdict entered into 
force exists;
5. by court-appointed special representatives of a party, whose address is not known.
(2) Fees and expenses for proceedings shall not be deposed by natural persons, for whom it is 
acknowledged by the court that they have not enough money to pay them . On the application for exemption, 
the court shall take into account:
1. the incomes of the person and of the person’s family;
2. the property status, as certified by a declaration;
3. the family status;
4. the health status;
5. the employment status;
6. the age;
7. other ascertained circumstances;
(3) In the cases under Para 1 and 2, the expenses for the proceedings shall be paid from the sums, 
provided thereof from the budget of the court.
 
Exemption in special cases  
Art. 84. Exempt from payment of State fees - but not from court expenses - shall be:
1. (amend. – SG 50/08, in force from 01.03.2008; amended by decision with regards to 
constitutional case No 3 of 2008 – SG 63/08) the State and the State institutions, except in the cases of 
claims for private state receivables and rights over items - private state property;
2. the Bulgarian Red Cross;
3. the municipalities, except for claims for private municipal receivables and property rights– 
private municipal ownership.
 
Chapter nine.  
FINES 
Fine to a witness  
Art. 85. (1) If the witness summoned to court fails to appear without providing valid reasons, the 
court shall impose a fine on him and shall order his escorting to court for the next hearing.
(2) If the witness refuses to give testimony without valid reasons, the court shall impose a fine on 
him.
Fine to an expert  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 86. If an expert fails to appear in court, or refuses to give his professional conclusion, or fails, 
with no valid reasons, to submit the latter within term, the court shall impose a fine on him.
Fine to a third person  
Art. 87. If a third party, not involved in the case, refuses to submit a document or an item for 
investigation requested by the court, for which it has been established that is in said party’s possession, the 
court shall impose a fine on him and urge him to submit it.
 
Fine for breaches in serving  
Art. 88 (1) The court shall impose a fine to a person serving the papers who has not served the 
notification correctly, or has not done the due certification of serving, or has not returned to the court in time 
the certification of serving, or has not fulfilled other orders of the court in connection with the serving.
(2) The court shall impose a fine to the head of the office, if within the working hours, there has 
been no person found to accept the notification.
 
Fine for breaches during the hearing of a case  
Art. 89. The court shall impose a fine for:
1. breaching the order at the court session;
2. failure to fulfill the directions of the court;
3. contempt of court, of a party, of a representative, of a witness or of an expert.
 
Unlawful receipt of legal aid  
Art. 90. (1) The court shall impose a fine on the party which has indicated incorrect or incomplete 
data in the application for legal aid, and as a result thereof has received or attempted to receive legal aid.
(2) Fine shall also be imposed in cases where the party to which legal aid is granted fails to 
promptly notify the court of circumstances relevant to the decision under Art. 96 and 97.
 
Amount of the fine  
Art. 91. (1) The amount of the fine for breaches under Art. 85 – 90 shall be between 50 and 300 
BGN.
(2) For breaches which hamper the course of the proceedings, or have been committed for a second 
time, the fine shall be between 100 and 1200 BGN.
 
Appeal 
Art. 92. (1) An application for revocation of the imposed fine may be filed to the court which has 
imposed it within one week. The term shall run from the day of the court hearing, and in cases where the 
person does not attend the session - from the day of the notification.
(2) The court shall examine the application in a closed session and, if it admits the reasons given 
above as valid, shall reduce or revoke the fine, as well as the escorted arrival to court.
(3) The determination shall be subject to appeal by a private complaint.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Fine imposed on a party  
Art. 92a. (new – SG 42/09) A party who unreasonably causes postponement to a case shall bear, 
regardless of its outcome, the costs of the new hearing, and shall pay a fine in the amount as per Art. 91. 
The court's ruling may be appealed under the order of Art. 92.
Fees in enforcement  
Art. 93. (1) The court bailiff shall impose a fine in the amounts under Art. 91 for:
1. breaches under Art. 85-88;
2. creating obstacles to view the item put for sale;
3. non-performance of other orders of his.
(2) The ruling by which the bailiff imposes the fine may be appealed within one week from the 
notification before the district judge, who shall pronounce in closed session with a non-appealable ruling.
 
Chapter ten.  
LEGAL AID  
Substance of the legal aid  
Art. 94. The legal aid shall consist of providing defence by a lawyer free of charge.
 
Provision of legal aid  
Art. 95. (1) The application for legal aid shall be submitted in writing, at the court before which the 
lawsuit is pending.
(2) In the determination, by which the application is recognized, the court shall state the type and 
the volume of the legal aid provided.
(3) The determination for provision of legal aid shall be effective as from the filing of the 
application, unless the court decides otherwise.
(4) The determination shall be rendered in closed session, unless the court deems it necessary to 
hear the party to clarify all the circumstances.
(5) The determination for refusal of legal aid shall be subject to appeal by a private complaint.
(6) The court's determination on the private complaint shall be final.
 
Termination of legal aid  
Art. 96. (1) The legal aid shall be terminated:
1. in the event of change of circumstances, due to which it has been provided;
2, by the death of the natural person, to whom it has been provided.
(2) The court, ex-officio or upon request of a party, or of the appointed ex-officio lawyer, shall 
terminate fully or partially the provision of legal aid, considered from the moment the change in 
circumstances, which caused the provision, occurred.
 
Deprivation of legal aid  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 97. (1) The court shall - ex-officio or upon a request of a party or of the appointed ex-officio 
lawyer - shall deprive the party of legal aid, fully or partially, if it is found that the conditions for its 
provision did not exist at all or partially.
(2) (amend. – SG 50/08, in force from 01.03.2008) In the case of Para 1, the party shall be required 
to pay or refund all sums it had been unduly exempt from paying, and also to pay the set remuneration of his 
appointed lawyer.
 
Consequences from termination and deprivation from legal aid  
Art. 98. (1) The appointed ex-officio lawyer shall exercise his powers up to the moment the ruling 
for termination or deprivation of legal aid enters into effect, if this is necessary to protect the party from 
negative legal consequences.
(2) From the pronouncement until the enactment of the determination for termination or deprivation 
of legal aid, the time-limits for appeal shall be terminated and then start running again.
 
Instruction to the parties regarding legal aid  
Art. 99. The court shall inform the parties about their legal rights and obligations in connection 
with the legal aid, as well as about the legal consequences should they fail to perform said obligations.
 
Chapter eleven.  
PROCEEDINGS PEROFORMED BY THE PARTIES  
Form 
Art. 100. The parties shall perform the proceedings orally at a court session. Proceedings outside of 
the court session shall be performed in writing.
 
Content 
Art. 100a. (New - SG 68/20) (1) Procedural actions cannot contain threats, insulting or obscene 
words or qualifications. In such case, the procedural actions shall be considered irregular.
(2) Paragraph 1 shall not apply when the threats, insulting or obscene words or qualifications used 
refer to the circumstances, on which the request is based.
 
Irregularity of proceedings  
Art. 101. (1) The court shall monitor ex-officio the due performance of the proceedings. The court 
shall instruct the party about the essence of the irregularity of the proceedings it has taken, and how to 
remedy it, by setting a deadline for the correction.
(2) The corrected proceeding shall be considered valid from the moment of correction.
(3) If the irregularity is not remedied within the prescribed period, the procedural action shall be 
deemed as not performed at all.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Written statements  
Art. 102. (1) The written statements addressed to the court shall contain:
1. indication of the court;
2. name and the address of the party making the statement, respectively the name and address of the 
representative, through whom the statement is performed;
3. the matter of the statement;
4. signature.
(2) Attached to the written statements shall be:
1. a Power of Attorney, where the statement is done through a representative;
2. a document of deposed fees and expenses, if such are due;
3. number of copies of the statement and attachments according to the number of the opposing 
parties.
 
Chapter eleven "a".  
PROCEDURAL ACTIONS AND ACTS IN ELECTRONIC FORM (NEW - SG 110/20, IN FORCE 
FROM 30.06.2021)  
Procedural actions and acts of the court in electronic form  
Art. 102a. (New - SG 110/20, in force from 30.06.2021) (1) The court shall issue the acts and 
perform all other procedural actions provided for in the law in electronic form under the conditions of the 
Judiciary System Act , unless due to their nature this is impossible or by law it is envisaged to perform 
them in another way.
(2) Procedural actions in electronic form shall be present when through them procedural rights are 
exercised, whereby devices for electronic processing are used, including storage of the information, as the 
exercise of the rights is fully carried out through the use of wire, radio waves, optical or other 
electromagnetic means.
(3) Electronic statements of the courts must meet the requirements of Regulation (EU) № 
910/2014 and the Electronic Document and Electronic Trust Services Act .
(4) An act of the court issued in electronic form may be reproduced as a paper document, which has 
the meaning of an official transcript, after certification by an employee, authorized by the Head of the 
respective court.
 
Obligation to accept procedural actions in electronic form  
Art. 102b. (New - SG 110/20, in force from 30.06.2021) (1) Courts shall be obliged to accept 
procedural actions in electronic form.
(2) Courts must not refuse the acceptance of electronic statements, with which procedural actions 
are performed, when:
1. the requirements of Regulation (EU) № 910/2014 and of the Electronic Document and 
Electronic Trust Services Act  have been complied with;
2. the statements are signed with a qualified electronic signature, when the law requires a 
handwritten signature for the validity of certain statements.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Obligation to inform  
Art. 102c. (New - SG 110/20, in force from 30.06.2021) (1) Courts shall provide the opportunity 
for the persons to perform procedural actions in electronic form in an accessible manner or in a convenient 
dialogue regime, including for persons with disabilities.
(2) Courts shall provide - freely and free of charge - detailed information regarding the option to 
carry out procedural actions in electronic form on their websites through the unified portal for electronic 
justice and in prominent places in the courts’ buildings.
(3) When performing procedural actions in electronic form, the court shall inform the person in 
advance in a clear, understandable and unambiguous manner regarding:
1. the technical steps for the creation of the statement;
2. the option to access the electronic case;
3. the technical means for establishing and eliminating errors while entering information before the 
statement is submitted;
4. the option to receive copies and transcripts of the electronic case reproduced on paper.
(4) Courts shall ensure the provision of information electronically about the course of the case.
 
Technical verification of an action performed in electronic form  
Art. 102d. (New - SG 110/20, in force from 30.06.2021) (1) (Amend. - SG 15/22, in force from 
22.02.2022) If there is technological availability, the technical verification of a performed action in the form 
of an electronic statement shall be carried out automatically for compliance with the standards and 
requirements, established by an ordinance adopted by the plenum of the Supreme Judicial Council after 
coordination with the Minister of the e-government, regarding:
1. electronic format of the performed statements;
2. lack of computer viruses and programs for disruption of the activity of computer systems, for 
recognition, striking off, deletion or copying of computer data;
3. file size;
4. the possibility to identify the party.
(2) The person performing the action in electronic form shall be notified immediately on the email 
address indicated by him in case of technical irregularities.
 
Confirmation for electronic statements  
Art. 102e. (New - SG 110/20, in force from 30.06.2021) (1) Upon registering an electronic 
document received in the information system, through which procedural actions are performed in electronic 
form or the performance of certification statements is declared, a confirmation shall be automatically 
generated and sent to the party intended to receive it.
(2) The confirmation shall be an electronic document containing at least the following requisites:
1. registration number;
2. name of the addressee;
3. time of receipt of the incoming electronic document;
4. information about the access to the electronic document and to all documents attached thereto.
(3) The confirmation shall be sent to the e-mail address of the party indicated for serving.
Procedural actions of the parties in electronic form  
Art. 102f. (New - SG 110/20, in force from 30.06.2021) All procedural actions of the parties may 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.be carried out in electronic form, unless due to their nature this is impossible or by law it is envisaged to 
perform them in another way.
 
Electronic statements to the court  
Art. 102g. (New - SG 110/20, in force from 30.06.2021) (1) The identification of the persons 
submitting electronic statements shall be carried out by the order of the Electronic Identification Act  or by 
means of electronic identification issued in another Member State, who meet the conditions under Art. 6, 
paragraph 1 of Regulation (EU) (910/2014.
(2) The electronic statements to the court shall be signed with a qualified electronic signature, when 
the law provides for a written form for their execution and the presence of a signature.
 
Attachments  
Art. 102h. (New - SG 110/20, in force from 30.06.2021) (1) When electronic statements to the 
court are submitted by a proxy, an electronic image of the Power of Attorney shall be attached, taken 
pursuant to Art. 360g of the Judiciary System Act  in a form and manner allowing its reproduction, unless 
the authorization is made electronically by the party. If the authorization is made electronically, the Power 
of Attorney must be signed with a qualified electronic signature and in a way that allows verification of the 
time of signing the Power of Attorney to the nearest year, date, time, minute and second with qualified 
electronic time stamp.
(2) A document for paid state fees and expenses on an account of the court shall not be presented, if 
they have been paid electronically during the process of submitting the statement, and in the information 
system used by the court has been received an electronic notification for such payment.
(3) Transcripts for the parties shall not be submitted together with electronic statements. The court 
shall reproduce the statements and their attachments in the required number of copies on paper and after 
certification by a court employee shall send them to the participants in the proceedings, who have not stated 
that they wish to receive electronic statements from the court or are not obliged to receive such. For the 
reproduction, the party, which has performed the action in electronic form, shall pay in advance a fee per the 
number of pages, determined by the tariff under Art. 73, Para. 3 , except in the cases under Art. 83.
 
Part two.  
GENERAL CLAIM PROCEDURE  
Division one.  
PROCEDURE BEFORE THE FIRST INSTANCE  
Chapter twelve.  
JURISDICTION  
Section I.  
Jurisdiction by Kind  
General jurisdiction  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 103. All civil cases, except for those within the jurisdiction of the district court as a first 
instance, shall be under the jurisdiction of the regional court.
 
Jurisdiction of a district court  
Art. 104. Under the jurisdiction of the district court as a first instance shall be:
1. the claims for ascertaining or contesting of origin, for termination of adoption, for placing under 
judicial disability or for its revokation;
2. (revoked – SG 50/08, in force from 01.03.2008)
3. claims of ownership or other real rights over a property with a price of the claim over 50 000 
BGN;
4. (suppl. – SG 50/08, in force from 01.03.2008) claims of civil and commercial lawsuits with a 
price of the claim over 25 000 BGN, except for the claims for maintenance, on labour disputes and for 
receivables from deficiency acts;
5. claims to find that an entry is inadmissible or null and void, as well as that an entered 
circumstance does not exist, if this provided by a law;
6. (new - SG 50/15) claims, regardless of their  price, joined in one application  to a claim motion  
under the jurisdiction of the  District Court,  if they are subject to review  under the same proceedings ;
7. (prev. text of item 6 - SG 50/15) claims, which under other laws are subject to hearing by the 
district court.
 
Section II.  
Jurisdiction by Location  
General jurisdiction by location  
Art. 105. The claim shall be filed at the court, within which area the permanent address or the seat 
of the defendant is located.
 
Claims against minors or persons placed under judicial disability  
Art. 106. Claims against minors or persons placed under judicial disability shall be filed at the court 
per the permanent address if their ex-lege representative.
 
Claims against persons whose address is unknown  
Art. 107. (1) A claim against person whose address is unknown shall be submitted at the court of 
the permanent address of his lawyer or a representative, and if he has no such – of the permanent address of 
the claimant.
(2) The rules of Para 1 shall also apply to a defendant who does not live within the boundaries of 
the Republic of Bulgaria at his permanent address.
(3) If the claimant has no address in the Republic of Bulgaria too, the claim shall be filed at the due 
court in Sofia.
 
Claims against State institutions and legal persons  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 108. (1) (Amend. – SG 86/17) Claims against legal persons shall be submitted before the court, 
within which area their seat is located. On disputes arising from direct relations with their subdivisions or 
branches, the claims may be also submitted per their location.
(2) (Amend. and suppl. – SG 86/17) Claims against the State and state institutions, including 
subsidiaries and branches of the latter, shall be brought before the court, in whose area the legal relationship 
has risen, from which the dispute originated, except for the cases under Art. 109 and 110. Where it has 
arisen abroad, the claim shall be submitted before the due court in Sofia.
 
Jurisdiction by location of a real estate  
Art. 109. Property claims on immovable property, partition of immovable property of joint 
ownership, on boundaries and protection of improper possession of immovable property shall be lodged at 
the place where the property is located. As per the location of the property shall also be lodged claims for 
the conclusion of final contracts for the establishment and transfer of real rights on immovable property, as 
well as for the dissolution, destruction and declaring nullity of contracts for real rights on immovable 
property.
 
Jurisdiction by place of opening an inheritance procedure  
Art. 110. (1) The claims over inheritance, for termination or reduction of wills, for partition of 
inheritance, or for cancellation of voluntary partition shall be submitted at the place, where the inheritance 
procedure has been opened.
(2) If the legator is a Bulgarian citizen but the inheritance procedure is open abroad, the claims 
under para. 1 may be filed as per his last permanent address in the Republic of Bulgaria, or before the court 
in whose area his property is located.
 
Claim for monetary receivables on a contractual ground  
Art. 111. A claim for monetary receivables on a contractual ground may also be submitted at the 
present address of the defender.
 
Claims for maintenance  
Art. 112. A claim for maintenance may also be submitted at the permanent address of the claimant.
 
Claims of and against consumers  
Art. 113. (Amend. – SG 65/18, in force from 07.08.2018, suppl. – SG 100/19) Claims of and 
against consumers shall be brought before the court, in whose area the current address of the consumer is 
and, in the absence of any current address – their permanent one is to be used. The cases brought shall be 
considered as civil following the order of the common claim process.
 
Claims in labour lawsuits  
Art. 114. The worker may also submit a claim against his employer at the place where he usually 
performs his labour obligations.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Claims from tort  
Art. 115. (1) (Previous Art. 115 - SG 86/17) Claims for damages in tort may also be submitted at 
the place where the act is committed.
(2) (New – SG 86/17, amend. – SG 65/18, in force from 07.08.2018) Injured person's compensation 
claims under the Insurance Code  against an insurer, the Guarantee Fund and the National Bureau of 
Bulgarian Motor Insurers shall be brought before the court, in whose area the claimant's current or 
permanent address is located - at the time of the occurrence of the insurance event, or its registered office, or 
at the location of occurrence of the insurance event.
 
Multitude of jurisdictions  
Art. 116. A claim against defendants from different court regions, or for a property located in 
different court regions, shall be submitted at one of these regions at the choice of the claimant.
 
Contractual jurisdiction  
Art. 117. (1) The jurisdiction defined by law may not be changed by the consent of the parties.
(2) By a written agreement, the parties to a property dispute may designate another court different 
to the one, to whose jurisdiction the case belongs under the rules of local jurisdiction. This provision shall 
not apply to the jurisdiction under Art. 109.
(3) An agreement on choosing the court for consumer claims or labour disputes shall become 
effective only if concluded after the dispute has arisen.
 
Section III.  
Procedure over the Jurisdiction  
Verifying the jurisdiction  
Art. 118. (1) Each court shall decide on its own whether the case therein initiated is under its 
jurisdiction.
(2) Where the court finds that the case is not under its jurisdiction, it shall forward it to the 
appropriate court. In this event, the case shall be considered to be pending before that court from the day of 
filing the application before the undue court, whereby the actions taken by the latter shall stay in effect.
 
Objection for undue jurisdiction  
Art. 119. (1) Objection for undue jurisdiction by kind of the case may be raised until termination of 
proceedings in the second instance, and may be raised by the court of its own motion.
(2) (Amend. – SG 65/18, in force from 07.08.2018) Objection for undue jurisdiction of the case at 
the location of the immovable property may be raised by the party and raised by the court of its own motion 
until the end of the first hearing at first instance.
(3) (New – SG 65/18, in force from 07.08.2018) Objection for undue jurisdiction of the case under 
Art. 108, Para. 2 , Art. 113 and Art. 115, Para. 2  may be raised by the defendant at the latest within the 
term to reply to the statement of claim and shall be raised by the court of its own motion until the end of the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.first hearing.
(4) (Previous Para. 3, amend. – SG 65/18, in force from 07.08.2018) In all other cases other than 
those under Para. 1 – 3, objection for undue jurisdiction may be raised only by the defendant and at the latest 
within the term to reply to the claim motion.
(5) (Previous Para. 4 – SG 65/18, in force from 07.08.2018) Simultaneously with raising the 
objection, the party shall also be obliged to present its evidence.
 
Stability of the jurisdiction  
Art. 120. Changes in the factual circumstances determining the local jurisdiction, which occur after 
the claim has been filed, shall not justify any referral of the case.
 
Appellation of the ruling on the jurisdiction  
Art. 121. The interested party may appeal the ruling concerning the jurisdiction.
 
Disputes on jurisdiction  
Art. 122. Disputes on jurisdiction between the courts shall be settled by their general court of 
higher rank. If they belong to the regions of different courts of higher rank, the dispute shall be settled by 
this court of higher rank, within whose region the court which last accepted or refused to hear the lawsuit. 
Dispute on jurisdiction, where a court of appeal participates, shall be settled by the Supreme Court of 
Cassation. On the dispute of jurisdiction the court shall pronounce at a closed session.
 
Determination of jurisdiction by the Supreme Court of Cassation  
Art. 123. Where, under the rules of this Chapter , the competent court cannot be designated, at the 
request of the party, the Supreme Court of Cassation shall, in a closed session, determine the court before 
which the claim is to be brought.
 
Chapter thirteen.  
BASIC PROCEDURE  
Section I.  
Filing a claim  
Types of claims  
Art. 124 (1) Anyone can file a claim to reinstate their right if it has been violated, or to establish the 
existence or non-existence of a legal relationship or of a right, where they stand to benefit from it.
(2) A claim may be filed to order a defendant to fulfill recurring obligations, even if they are due 
after the judgement has been pronounced.
(3) A claim for forming, amending or terminating civil legal relationships may be filed only in the 
cases provided for by law.
(4) A claim to ascertain the truthfulness or untruthfulness of a document may be filed. A claim to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.ascertain the existence or non-existence of other facts of legal importance shall be admissible only in the 
cases provided for by law.
(5) (amend. - SG 63/17, in force from 05.11.2017) A claim to ascertain criminal circumstance of 
importance to a civil legal relationship, or for revoking an effective judgement shall be admissible in the 
cases, where criminal procedure cannot be initiated, or has already been terminated on some of the grounds 
under Art. 24, Para 1, items 2-5 , or has been suspended on some of the grounds under Art. 25, Para. 1, 
item 2 or Art. 26 of the Penal Procedure Code , as well as in the cases where the perpetrator of the act has 
remained undetected.
 
Submission of the claim  
Art. 125. The claim shall be considered submitted by the filing of the motion at the court.
 
Termination within a pending procedure  
Art. 126. (1) (Suppl. – SG 42/18) Where, in the same court or in different courts, there are two 
cases pending between the same parties, on the same basis and for the same claim, the case initiated later 
shall be terminated ex-officio by the court, with the exception of the cases for adjudging the initially 
unprovided part of a claim subject of a case for a pending partial claim..
(2) Where the termination is ordered by the appellate court, the latter shall invalidate the judgement 
of the first instance.
 
Content of the claim motion  
Art. 127 (1) The claim motion shall be written in Bulgarian language and shall include:
1. indication of the court;
2. (amend. - SG 110/20, in force from 30.06.2021) name and address of the claimant and of the 
defendant, of their ex-lege representatives or lawyers, if any, email address for serving under the conditions 
of Art. 38 and 38a and an application whether he wishes to be served on on the indicated e-mail address, as 
well as the telephone number of the claimant and his representatives or proxies, the personal identification 
number of the claimant and his fax or telex number, if any;
3. the price of the claim, if it can be evaluated;
4. statement of circumstanced, on which the claim is based;
5. the substance of the claim;
6. signature of the person submitting the claim.
(2) In the claim, the claimant shall be required to state the evidence and the specific circumstances 
he will prove with them, and to present along with it all the written evidence.
(3) If the person submitting the claim does not know or cannot sign it, it shall be signed by the 
person, to whom he has assigned this, and the reason due to which he did not sign it by himself shall be 
stated.
(4) (New – SG 86/17) In a conviction claim for a cash receivable, the claimant shall indicate a bank 
account or other means of payment.
 
Attachments to the claim motion  
Art. 128. To the claim motion shall be submitted:
1. the Power of Attorney, where the motion is filed by a lawyer;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.2. document of deposed state fees and expenses, if such are owed;
3. copies of the claim motion and of the attachments thereto as per number of defendants.
 
Verifying the claim motion  
Art. 129. (1) The court shall verify the validity of the claim.
(2) Where the claim motion does not meet the requirements of Art. 127, Para 1  and these of Art. 
128, the claimant shall be notified to remove within one-week term the irregularities omitted, as well as 
about the possibility to use legal aid, if necessity exists and he is entitled to it. If the address of the claimant 
is not stated and is not known to the court, notifying the claimant shall be done by placing an announcement 
on the place in the court intended for that purpose for one week.
(3) If the claimant does not remove the irregularities within the term, the claim motion with the 
attachments shall be returned, and if the address is unknown, shall be left at the office of the court at 
disposal of the claimant. A private complaint may be filed against the returning, a copy of which complaint 
for serving shall not be submitted.
(4) In the same way shall be proceeded where irregularities in the claim motion are noticed during 
the proceedings.
(5) The corrected claim motion shall be deemed valid from the moment of submission.
(6) An official who allows further proceedings on the motion, where the state fee is not paid fully, 
shall be liable under Art. 6 of the Stamp Duty Act .
(7) (New - SG 110/20, in force from 30.06.2021) Upon failure to deposit the fee as per Art. 73, 
Para. 4, sentences three, Art. 77 shall apply.
 
Verifying the admissibility of the claim  
Art. 130. When, upon verification of the claim, the court ascertains that the motion is inadmissible, 
it shall return the claim. A private complaint may be submitted against the returning, a copy of which 
complaint for serving shall not be submitted.
 
Reply to the claim motion  
Art. 131. (1) Once it has accepted the claim, the court shall send a copy of it together with the 
attachments to the defendant, instructing him to lodge a written reply within one month, what the mandatory 
content of the reply should include and the consequences of non-reply, or non-exercise of rights, as well as 
of the option to use legal aid, if need be and if entitled to do so.
(2) The written reply of the defendant shall contain:
1. indication of the court and the case number;
2. (amend. - SG 110/20, in force from 30.06.2021) the name and the address of the defendant, of 
his ex-lege representative or proxy, if he has such, as wel as the telephone number and e-mail address for 
serving on the defendant and his representative, if they have such, and a statement as to whether he wishes 
to be served on the said e-mail address for serving;
3. statement on the admissibility and grounds of the claim;
4. statement on the circumstances, on which the claim is based;
5. objections against the claim and the circumstances on which they are based;
6. (amend. – SG 50/08, in force from 01.03.2008) signature of the person submiting the reply.
(3) In the reply, the defendant shall be obliged to state the evidence and the concrete circumstances, 
which he will prove with them, and to present all the written evidence at his disposal.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Attachments to the reply of the claim motion  
Art. 132. To the reply of the claim shall be attached the following:
1. a Power of Attorney, where the reply is submitted by a lawyer;
2. copies of the reply and of the attachments to it, according to the number of the claimants.
 
Consequences of omission to submit a reply  
Art. 133. (amend. and suppl. – SG 50/08, in force from 01.03.2008; amend. – Sg 100/10, in force 
from 21.12. 2010) Where, within the prescribed period, the defendant does not submit a written reply, does 
not make a statement, does not object, does not contest the truthfulness of a submitted document, or does not 
exercise its rights under Art. 211, para. 1 , Art. 212 and Art. 219, he shall waive the opportunity to do so 
later, unless the omission is due to special unforeseen circumstances.
 
Section II.  
Court Sessions  
Types of sessions  
Art. 134. (1) The court shall hear the cases in open and closed sessions.
(2) Closed sessions shall be held in the events provided for by law and without the participation of 
the parties.
 
Place and time  
Art. 135. (1) The sessions on the cases shall be held in the court premises. Holding the sessions 
outside the court premises shall be admissible, if by doing this bigger expenses are avoided.
(2) The court shall determine the place, day and time of the open sessions.
(3) The sessions shall not be held on non-business days.
 
Participation of the parites via video-conference  
Art. 135a. (New - SG 98/20) (1) Any party may request to participate in a court hearing by video-
conference when it is unable to appear directly before the court.
(2) At the video-conference, the party shall be present in a room specially equipped for video-
conferences in a district court determined by the order of Art. 156a, Para. 2 - 4 , a place of imprisonment or 
a detention centre.
(3) The court shall notify the parties about the conditions for holding a video-conference.
 
Excluding publicity  
Art. 136. (1) The court may, of its own motion or at the request of one of the parties, either order 
that hearing the case or only certain actions be done in closed session, where:
1. the public interest demands it;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.2. the protection of the privacy of the parties, of the family or of the persons under custody requires 
it;
3. the case concerns trade, industrial, invention or fiscal secret, the public announcement of which 
would harm defendable interests;
4. other reasonable grounds appear.
(2) In the cases of Para 1, admitted into the court room shall be the parties, their lawyers, the 
experts and the witnesses, as well as the persons who are allowed to be present by the chairperson.
(3) (New - SG 98/20) In the cases under Para. 1, the case shall not be heard by videoconference, 
except with the consent of the party.
 
Hearing of the request to exclude publicity  
Art. 137. The request shall be heard at an open session behind closed doors. The determination 
upon the request shall be announced publicly.
 
Obligation to keep secret  
Art. 138. Where a session is held behind closed doors, the public announcement of its content shall 
be prohibited.
 
Persons who may not attend the session  
Art. 139. Without permission of the court, the following persons may not attend the session:
1. persons below the lawful age who are not parties to the case or witnesses;
2. armed persons, except the court security officers.
 
Section III.  
Hearing of the Lawsuit  
Preparation of the lawsuit at a closed session  
Art. 140. (1) After the court verifies the validity and admissibility of the submitted claims, as well 
as the other requests and objections of the parties, the court shall rule with a determination on all preliminary 
matters, as well as on the admission of the evidence.
(2) Where, in the reply, counter-claims are submitted, the court may rule on them as well as on the 
admission of some of the evidence at the first session of the case.
(3) The court shall appoint the hearing of the case in open session, for which the parties shall be 
summoned, and to whom shall be handed a copy of the determination under Para. 1. The court may notify 
the parties about its draft-report of the case, as well as instruct them about mediation or other means of 
amicable settlement of the dispute.
 
Obligations of the Chairperson  
Art. 141. (1) The session shall be conducted by the Chairperson.
(2) The Chairperson shall supervise the order in the courtroom and may impose fines for violation 
of the order.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(3) The Chairperson may remove anyonw who does not observe the order.
(4) Where, despite the warning for removal from the courtroom, the order in it is being violated by 
a party or its representative, the court may remove the offender for a certain period of time. Once the 
removed person returns to the courtroom, the chairperson shall inform them of the proceedings performed in 
their absence by way of reading the court record.
 
Starting and postponing the case  
Art. 142. (1) Absence of one of the parties validly summoned shall not be an obstacle to hearing the 
case. The court shall proceed to examine it after examining the cases, in which the parties had appeared.
(2) The court shall postpone the case, if the party and its representative can not appear due to an 
obstacle which the party can not remove.
(3) Upon postponement of the case, the court shall announce the date of the next hearing, to which 
the parties and witnesses and experts called in the case shall be deemed to be summoned.
(4) Where it is necessary to set a different date to hold the hearing, the court shall determine it in a 
closed session and shall summon the parties, witnesses and experts thereto.
 
Hearing the case at an open session  
Art. 143. (1) At an open session, after the preliminary matters have been settled, the court shall start 
clarifying the factual aspect of the dispute.
(2) The claimant may clarify and supplement the claim motion, as well as point out and present 
evidence related to the objections raised by the defendant, and the defendant may point out and present new 
evidence, which he could not have stated and presented with the reply to the claim motion.
(3) The parties shall be obliged to make and substantiate all their requests and objections, and to 
state an opinion on the circumstances alleged by the opposing party.
(4) (New - SG 98/20) When holding a hearing by video-conference, the court shall monitor:
1. for the observance of the technical requirements for performance of procedural actions in 
electronic form and the ways of their performance provided for in Chapter Eighteen "a" of the Judiciary 
System Act ;
2. the used communication connection to allow the simultaneous transmission and reception of 
image and sound;
3. the procedural actions to be perceived by all participants in the meeting, located at different 
places;
4. the making of a recording of the video-conference.
 
Additional Period  
Art. 144. (1) The defendant may request additional time to state an opinion on the evidence 
requests lodged by the claimant at that session, and to provide additional evidence in relation to the 
contestations made.
(2) Where the request under Para. 1 is upheld, the court shall rule on the contestations and requests 
lodged, in a closed session with a ruling which shall be announced to the parties.
 
Instructions by the court  
Art. 145. (1) The court shall ask questions to the parties in order to clarify the facts by indicating 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.their importance in the case.
(2) (Amend., SG 50/08, in force from 01.03.2008) The court shall instruct the parties to specify 
their allegations and to eliminate any contradictions therein.
(3) The court then shall invite the parties to reach a settlement indicating its consequences. If a 
settlement is not reached, the court shall compile a report, which is reflected in the court record.
 
Report on the case  
Art. 146. (1) The report on the case shall contain:
1. the circumstances giving rise to the claimed rights and objections;
2. the legal characterization of the rights claimed by the claimant, of the counter-rights and 
objections of the defendent;
3. which rights and which circumstances are recognized;
4. which circumstances do not need proof;
5. how the burden of proof is allocated for the facts subject to proof.
(2) The court shall indicate to the parties which of the facts alleged by them do not provide 
evidence.
(3) (Suppl., SG 100/10, in force from 21.12.2010) The court shall give the parties the opportunity 
to state their opinion with regard to the instructions given and the report on the case, as well as to take the 
relevant procedural actions. If, while exercising their opportunity, the parties do not make any evidential 
requests, they shall lose the opportunity to do so later, except in the cases under Art. 147.
(4) The court shall rule with a determination on the parties' evidential requests, thereby allowing 
evidence which is relevant, admissible and necessary.
 
New facts and circumstances  
Art. 147. Pending completion of the judicial inquiry, the parties may:
1. invoke new circumstances, and identify and present new evidence, only if they have not been 
able to know of it, identify and present it in due course;
2. invoke new circumstances which are relevant to the case, and point out and provide evidence 
thereof.
 
Gathering evidence  
Art. 148. The court shall gather all admissible evidence with the parties’ participation. If necessary, 
it shall schedule a new hearing for gathering evidence which have not been collected for reasons beyond the 
control of the parties.
 
Finalisation of the judicial inquiry  
Art. 149. (1) After evidence has been collected, the court shall again invite the parties to reach a 
settlement. If settlement is not reached, the court shall proceed to the verbal contest.
(2) When the case has been clarified, the court shall end the verbal contest, and shall set the day for 
announcing its judgement.
(3) In any factual or legal complexity of the case, at the request of one of the parties, the court may 
set a suitable time limit for the submission of written pleadings. Written pleadings shall be submitted with 
copies according to the number of parties.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Minutes of the session  
Art. 150. (1) Minutes shall be drawn up at the hearing of the case, in which shall be recorded the 
time and place of the hearing, the court members, the name of the Secretary, the parties who have appeared 
and their representatives, the nature of the statements, requests and comments made by the parties, the 
written evidence presented, the testimony of the witnesses and of other persons in the case, and the findings 
and determinations of the court.
(2) The minutes shall be drawn up under the dictation of the Chairperson and shall be made 
available to the parties within three days of the session.
(3) (New - SG 98/20) When conducting a video-conference, the name and position of the judicial 
officer of the district court or of the head of the prison or the head of the detention centre or an employee 
appointed by them present at the video-conference shall be entered in the protocol.
(4) (Prev. Para. 3 - SG 98/20) If technical possibility exists, a sound recording of the session shall 
be made, on the basis of which minutes shall be drawn up within three days.
(5) (Prev. Para. 4 - SG 98/20) The minutes shall be signed by the Chairman and the Secretary.
(6) (New - SG 98/20) For the performed video-conference, after notifying the participants in it, a 
video recording shall be made on electronic media. The video shall be attached to the case.
 
Correcting and supplementing the minutes  
Art. 151. (1) Within one week of the minutes being made available to the parties, each participant 
in the proceedings may request to correct or supplement them.
(2) If a sound recording has been made at the hearing, correcting and supplementing the minutes 
shall be admissible only on the basis of the sound recording.
(3) If a sound recording has not been made at the hearing, correcting and supplementing the 
minutes shall be admissible only on the basis of remarks made on its contents.
(4) (Suppl. - SG 98/20) The court shall rule on the request for correcting and supplementing the 
minutes after summoning the parties and the plaintiff, and hearing the sound recording, respectively the 
explanations of the Secretary. Where video-conferencing has also been used at the hearing, the court shall 
rule on the request for supplementing or correcting even after the recording of it has been made.
(5) The sound recording shall be stored until the expiry of the period for requesting corrections and 
supplementing the minutes, and if such request is made, until the entry into force of the judgement on the 
case.
(6) (New - SG 98/20) The recording of the video-conference shall be kept until the expiration of the 
term for keeping the case itself.
 
Probative force of the minutes  
Art. 152. The minutes of the hearing shall be evidence of the court proceedings undertaken during 
the court hearing. Proceedings which have not been certified for in the minutes shall be deemed as not 
performed at all.
 
Chapter fourteen.  
EVIDENCE  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Section I.  
General Rules  
Subject to proof  
Art. 153. Controversial facts relevant to the case’s resolution and relations between them shall be 
subject to proof.
 
Evidential burden  
Art. 154. (1) Each Party shall be required to ascertain the facts on which it bases its claims or 
objections.
(2) There shall be no need to prove facts for which there is a presumption established by law. 
Disproving such presumptions shall be allowed in all cases, except if prohibited by a law.
Facts not subject to proof  
Art. 155. Facts not subject to proof shall be those of public nature and well-known ones and those 
which are known to the court ex-officio. About the latter, the court shall be obliged to inform the parties.
Evidentiary request  
Art. 156. (1) (Suppl. - SG 98/20) In its evidentiary request, the Party shall state the facts and the 
instruments through which these facts shall be proven, as well as the need of video-conferencing in order to 
collect them.
(2) In the request to allow examination of a witness, the to admit examination of a witness shall 
state which facts the witness shall be questioned about, his/her three names and address is the Party requests 
his/her summoning.
(3) In the request to allow explanations from the other Party, the questions to be answered by said 
Party shall be formulated.
(4) In the request to allow expertise, the area in which special knowledge is required, the subject 
and the task of the expertise shall be stated.
Collecting evidence through video-conferencing  
Art. 156a. (New - SG 98/20) (1) Collecting evidence via video-conference may take place at the 
request of a party, and also ex officio by the court when an expert must be heard.
(2) Interrogation of a witness and explanations of a party by video-conference shall be admissible 
when these are not able to appear directly before the court in the case and are outside the judicial district of 
the district court, whose seat coincides with the seat of the court in the case.
(3) Hearing of an expert by video-conference shall be admissible when, due to official engagement 
or other objective circumstances, the expert cannot appear before the court in the case and is outside the 
judicial district of the district court, whose seat coincides with the seat of the court in the case.
(4) The court shall determine the date and time of the hearing, in which video-conference will be 
used, after checking the possibility of holding it with the nearest regional court at the place of residence of 
the party, the witness or the expert, respectively in the place of imprisonment or detention, where the person 
is.
(5) The witnesses, the parties and the experts, whose statements will be heard by video-conference, 
shall be summoned for the date and time of the court hearing, indicating to them the court in which they 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.should appear, respectively the place of imprisonment or detention, where video-conferencing will be used.
(6) The identity of the person, who participates through video-conference, shall be checked by the 
employee under Art. 150, Para. 3  who is present at the video-conference.
(7) The translator or interpreter shall be present in the courtroom of the court, in which the hearing 
is held, unless the specific circumstances so require their presence with the person, whose hearing they 
attend.
 
Admission of evidence  
Art. 157. (1) (Previous text of Art. 157 - SG 98/20) As to the admission of evidence, the court shall 
rule with determination, whereby determining the deadline for collecting them as well. The period shall start 
running from the day of the court hearing in which it was determined, including for the Party who failed to 
appear.
(2) (New - SG 98/20) As to the admission of collecting evidence by video-conferencing, the court 
shall rule with a motivated determination, in which the necessity of holding a video-conference shall be 
substantiated.
 
Time limit for the collection of evidence  
Art. 158. (1) If the collection of any evidence is doubtful or presents a particular difficulty, the 
court may set an appropriate time limit for its collection, after the expiry of which the case shall be heard 
without it.
(2) Upon further examination of the case, the evidence may be obtained, if this does not delay the 
proceedings.
 
Non-admission of evidence  
Art. 159. (1) Any requests of the Parties for admission of evidence regarding facts not relevant to 
the resolution of the case, as well as any non-timely requests for admission of evidence, shall be rejected by 
the court with a determination.
(2) Where, for the establishing of one and the same fact, the Party shows more witnesses, the court 
may admit only some of them. The remaining witnesses shall be admitted, if the summoned ones fail to 
establish the disputed fact.
 
Expenses for collecting evidence  
Art. 160. (1) Where expenses are needed for collecting evidence, the court shall determine the 
amount and deadline for their submission. The period shall run from the day of the court hearing in which it 
was determined, including for the party who failed to appear.
(2) Evidence shall be collected upon submission of a document for payment of the specified deposit 
for expenses.
(3) The deadline for the submission of expenses shall cease by the filing an application for 
exemption from submitting expenses, and shall not run while the application is being considered.
 
Consequences after obstruction of proof  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 161. In view of the circumstances of the case, the court may assume as proven the facts, 
regarding which the Party has created obstacles in collecting admissible evidence.
 
Right of discretion  
Art. 162. Where the ground of the claim is recognised but there is not sufficient data of its amount, 
the court shall determine the amount at its discretion, or shall take the conclusion of an expert.
 
Section II.  
Witnesses’ testimony  
Obligation to testify  
Art. 163. (1) The witness shall be obliged to appear before the court to give testimony.
(2) Should any important reason arise, the witness may be questioned earlier than on the day set for 
the hearing, and outside the premises of the court as well. The parties shall be summoned for the 
questioning.
 
Admissibility of witnesses’ testimony  
Art. 164. (1) Witnesses’ testimony shall be admitted in all cases, except for:
1. proving legal transactions, for the validity of which a written act is required by law;
2. disproval of content of an official document;
3. recognising of circumstances, for proving of which a written act is required by law, as well as for 
recognising of contracts for an amount bigger than 5 000 BGN, except where they have been concluded 
between spouses, relatives of direct descent, collateral relatives up to fourth degree and relatives in law up to 
second degree including;
4. payment of monetary obligations certified by a written act;
5. ascertaining written agreements, in which the party requiring the witnesses has participated, as 
well for their amendment or cancellation.
6. disproval of the content of a private document coming from the party.
(2) In the cases of Para 1, item 3, 4, 5 and 6, witnesses’ testimony shall be admissible only with the 
express consent of the parties.
 
Exceptions to inadmissibility  
Art. 165. (1) In cases where the law requires a written document, witness testimony shall be 
admissible, if it is proven that the document has been lost or destroyed not by fault of the party.
(2) Witness testimony shall also be admissible if the Party attempts to prove that the consent 
expressed in the document is simulative, and only if there is written evidence in the case originating from 
the other party, or certifying statements therefrom before a public authority, which make the party’s claim 
that the consent is simulative plausible. This limitation shall not apply to the third parties, as well as to the 
heirs, when the deal is directed against them.
 
Refusal to testify  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 166. (1) Noone has the right to refuse to testify, except:
1. the representative of the parties in the same case, and the persons who have been mediators in the 
same dispute;
2. the relatives in direct line, the brothers, sisters and relatives in law of first degree, the spouse and 
former spouse, and the person with whom a party is in an actual spousal cohabitation.
(2) Persons who, with their answers, would cause themselves or the persons under para. 1, item 2, 
direct harm, disgrace or criminal prosecution, cannot refuse to testify, but may refuse to answer a specific 
question stating the reason for this.
(3) Witnesses in the case may not be representatives of the parties in the same case.
 
Failure to fulfil the obligation to testify  
Art. 167. (1) Any witness who refuses to testify or to answer concrete questions shall be obliged to 
either state the reasons for that in writing and certify them prior to the court session at which he will be 
interrogated, or state them verbally before the court.
(2) Any witness who fails to perform his obligation under Art. 163, thus slowing down the process 
of proof, shall:
1. reimburse the parties for the costs incurred as a result of its non-performance;
2. lose the right to claim remuneration.
 
Witness's right to remuneration  
Art. 168. Witnesses shall be entitled to remuneration and expenses for appearing in court, if 
requested by them by the end of the court hearing. Remuneration and expenses shall be paid from the 
deposited sum.
Summoning a witness  
Art. 169. (1) If the witness cannot be summoned at the address stated by the party, the court shall 
set a time limit for the provision of another address.
(2) If the party fails to perform the instructions of the court, the witness shall not be summoned.
(3) Parties may bring before the court the admited witnesses without summoning them.
 
Promise to tell the truth.  
Art. 170. (1) Before the witness is questioned, the court shall clarify his / her identity, the details of 
his / her possible involvement, and remind him / her of the liability before the law in case of perjury.
(2) The witness shall promise to tell the truth.
 
Conducting the questioning  
Art. 171. (1) Each witness shall be questioned separately, in the presence of the parties who have 
appeared. Witnesses who have not yet given testimony shall not attend the questioning of the other 
witnesses.
(2) Witnesses may be questioned once more during the same or another hearing, at their own 
request, at the request of the party or at the court’s request.
(3) At the request of a party or on his own initiative, the court may reflect, in the minutes, any 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.specific features of the witness's behavior during questioning.
 
Evaluation of witness testimony  
Art. 172. Testimony of the relatives, of the guardian or trustee of the party appointed thereof, of the 
adoptive parents and the adopted, of those who find themselves in civil or criminal proceedings with the 
counterparty or its relatives, of the proxies appointed by their trustees, and of any other party interested in 
the benefit of or at the expense of one of the parties, shall be evaluated by the court in the light of all other 
findings in the case, taking into consideration their possible interest.
 
Questioning the witness at the initiative of the court  
Art. 173. The party may waive the questioning of the witness to which it has referred, but the same 
shall be questioned if the other party so requests, or if the court considers that questioning the witness is 
necessary as to clarifying the circumstances of the case.
 
Confrontation  
Art. 174. In the event of differences in witness testimonies, the court may order a witness 
confrontation. Such may also be ordered between the witness and the parties.
 
Section III.  
Explanation of the parties  
Confession of a fact in court  
Art. 175. The confession of a fact made by a party or its representative shall be assessed by the 
court in view of all the circumstances of the case.
 
Explanation of the party  
Art. 176. (1) The court may order that the party appear in person to give explanation about 
circumstances in the case.
(2) The party required to appear in person shall be informed by the court of the questions it must 
answer, whereby warning it of the consequences of non-fulfillment of this obligation.
(3) The court may accept as proven the circumstances, for the clarification of which the party has 
not appeared in person or has refused to respond without a valid reason, as well as when it has [rovided 
evasive or vague answers.
(4) (Suppl. - SG 98/20) Where the party can not appear before the court due to insurmountable 
obstacle, its explanations may be given to a delegated court or via video-conference.
 
Field of application  
Art. 177. (1) As parties to the lawsuit, explanations shall give:
1. the natural persons;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.2. the ex-lege representatives of the legal persons;
3. the debtor and the trustee in bankruptcy for lawsuits relating to the bankruptcy estate;
4. the partners in a general partnership;
5. the personally liable partner in a limited partnership;
(2) Where the party is minor or put under full judicial disability, the court may hear the party's ex-
lege representative. Where the party is underage or put under partial legal disability, the court may question 
it in the presence of its parent or guardian.
 
Section IV.  
Written evidence  
Probative force  
Art. 178. The probative force of the documents shall be determined in accordance with the law in 
force at the time and the place where they were drawn up.
(2) The court shall assess the probative force of the document which contains crossed out words, 
deletions, additions between the lines and other external deficiencies, in view of all the circumstances of the 
case. This rule shall not apply to the signed electronic document.
 
Official document  
Art. 179, (1) Any official document, issued by an official within the scope of his duties in the 
established form and under the established procedure, shall constitute evidence of the statements made 
before him, as well as of the actions performed by and before him.
(2) Officially certified transcripts or extracts of official documents shall have the same probative 
value as the originals.
 
Private document  
Art. 180. Private documents signed by the persons who issued them shall constitute evidence that 
the statements contained therein were made by those persons.
 
Valid date of the private document  
Art. 181. (1) The private document shall have a valid date for third parties from the day on which it 
was certified, or from the day of death, or from the physical inability which has occurred of the person who 
signed the document to certify it, or from the day on which the contents of the document was reproduced in 
an official document, or from the day on which another fact occurs clearly establishing the drafting of the 
document which preceeds its occurence.
(2) In order to establish the date of payment receipts, the court may admit any means of evidence, 
taking in consideration the circumstances of the case.
Entries in accounting records  
Art. 182. Entries in accounting records shall be assessed by the court in accordance with their 
regularity and in view of the other circumstances of the case. They may serve as evidence for the person or 
the organisation who has kept the records.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Presenting documents on paper  
Art. 183. (1) (Previous text of Art. 183 - SG 110/20, in force from 30.06.2021) Where a document 
is presented in a case, it may be presented in a copy certified by the party as well, but in such a case, upon 
request, the party shall be obliged to produce the original of the document or an officially certified copy 
thereof. If the party fails to do so, the copy submitted shall be excluded from the evidence in the case.
(2) (New - SG 110/20, in force from 30.06.2021) The officially certified copy as per Para. 1 may be 
presented also as an electronic image, certified by the party with a qualified electronic signature.
 
Presenting electronic documents  
Art. 184. (1) The electronic document may be presented reproduced on paper as a copy certified by 
the party. Upon request, the party shall be obliged to present the document on electronic media.
(2) If the court does not have at its disposal technical means and experts which give opportunity to 
reproduce the electronic document and to conduct the due check of the electronic signature at the court hall, 
in the presence of the appeared parties, electronic copies of the document shall be provided to each of the 
parties to the case. In this case, the authenticity of the electronic document may be contested at the next 
court session.
 
Presenting documents in a foreign language  
Art. 185. Any document, presented in a foreign language, shall be accompanied by an exact 
translation into Bulgarian, certified by the party. If the court cannot verify the correctness of the translation 
itself, or the correctness of the translation is contested, the court shall appoint an expert to perform the 
verification.
 
Presenting official documents  
Art. 186. The official documents and certificates shall be presented by the parties. The court may 
require them from the respective institution, or may provide the party with a court certificate, on the base of 
which to obtain them. The institution shall be obliged to issue the required documents, or to explain the 
reasons for not issuing them.
 
Presenting printed materials  
Art. 187. Presenting printed materials shall be done by the parties, but where the court can obtain 
them without any special difficulty, it shall be enough for the party to point where they have been published.
 
Conversion of an official document  
Art. 188. Any document, issued by an incompetent body or not in the prescribed form, shall have 
the value of a private document, if signed by the parties.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Document issued by an illiterate or a blind person  
Art. 189. (1) Any private document, issued by an illiterate person, shall bear a print of his right 
thumb instead of signature, and shall be signed by two witnesses. If the print of the right thumb cannot be 
placed, the reason for this shall be stated in the document, as well as which other finger has been used to 
place the print.
(2) Any private document issued by a blind literate person shall be signed by two witnesses.
 
Obligation of the party to present a document  
Art. 190. (1) Either party may request the court to oblige the other party to submit a document 
located therein, explaining its meaning to the dispute.
(2) The failure to submit the document shall be assessed in accordance with Art. 161.
 
Grounds for refusal to present  
Art. 191. (1) Presenting a document may be refused, if:
1. the content of the document is related to circumstances relating to the private or family life of the 
party;
2. this could lead to disgrace or criminal prosecution against the party, or against its relatives within 
the meaning of Art. 166.
(2) Where the grounds of Para. 1 concern parts of the document, the party may be obliged to 
present a certified extract of the document.
 
Obligation of a third person to present a document  
Art. 192. (1) Either party may request from the court, by a written motion, to oblige a person not 
participating in the case to present a document which is in their pssession.
(2) A copy of the motion shall be sent to the third person, and a time limit for presenting the 
document shall be set.
(3) The third person who, without grounds, fails to present the requested document, shall be liable 
not only under Art. 87, but also before the third party for the damages caused thereto.
 
Contesting the veracity of a document  
Art. 193. (1) The interested party may contest the veracity of a document at the latest with the reply 
to the procedural motion, with which it was presented. Where the document is presented at a court hearing, 
the contestation may be made at the latest by the end of the hearing.
(2) The court shall rule the performance of a verification of the veracity of the document, if the 
other party claims to wish to use it.
(3) The burden of proving the untruth of the document shall fall on the party contesting it. Where 
the veracity of a private document that does not bear the signature of the party contesting it is challenged, 
the burden of proof of authenticity shall fall on the party who has submitted it.
 
Verification of a document  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 194. (1) The court shall perform the verification by way of comparison to other unquestionable 
documents, by way of questioning witnesses, or questioning experts.
(2) After the verification, the court shall, with a determination, recognise that either the contestation 
is not proven, or that the document is not truthful. In the latter case, the court shall exclude it from the 
evidence and shall forward it to the prosecutor together with the determination.
(3) The court may also rule on the contestation of the document along with its judgement on the 
case. In this case, the document, together with a copy of the judgement, shall be forwarded to the prosecutor.
 
Section V.  
Experts 
Appointment of an expert  
Art. 195. (1) Experts shall be appointed at the request of the party or ex-officio, where special 
knowledge in the field of science, arts, crafts and other matters is necessary to clarify certain issues arising 
in the case.
(2) The court may appoint more experts where this is necessary in view of the circumstances of the 
case.
 
Removal of an expert  
Art. 196. (1) The provisions of Art. 22, Para 1  shall apply for the experts as well.
(2) Either party may request the removal of the expert, if any of the grounds under Para. 1 are 
present.
(3) The expert shall immediately inform the court of all circumstances that may be grounds for 
removal. The expert shall be obliged to address the claims in the request for its removal.
(4) The court shall pronounce with a determination on the request for removal of the expert.
 
Assignment of expertise  
Art. 197. (1) In the determination, by which the court appoints the expert, shall be stated: the 
subject matter and the task of the expertese; the materials provided to the expert, the name, education and 
specialty of the expert.
(2) The court shall give the expert the appropriate time to draw up his conclusion. The expert shall 
notifiy the court when they are unable to draw up the conclusion within the prescribed time limit and shall 
indicate what time it will take.
 
Discharging the expert  
Art. 198. The appointed expert shall be relieved of the task assigned to him when they can not 
perform it for lack of qualification, due to illness or any other objective reason, under the conditions of Art. 
166, or when they have not drawn up the conclusion in good time.
 
Presenting the conclusion  
Art. 199. The expert shall be obliged to present the conclusion at least one week before the session.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Hearing the expert  
Art. 200. (1) The court shall remind the expert of their responsibility in giving a false conclusion.
(2) The expert shall state their conclusion verbally. The parties may ask questions aimed at 
clarifying the conclusion.
(3) In contesting the conclusion, the court may appoint another expert or more experts. Contestation 
may be made during the hearing.
 
Additional and second conclusion  
Art. 201. Additional conclusion shall be assigned, where the conclusion has not been sufficiently 
complete and clear, and a second conclusion – where it has not been substantiated and doubt has arisen 
regarding its correctness.
 
Assessment of the conclusion  
Art. 202. The court shall not be obliged to accept the conclusion of the expert and shall discuss it 
together with the other evidence to the case.
 
Disagreement between experts  
Art. 203. In the event of disagreement between experts, each group shall set out its own views. 
Where the court can not take a position on the disagreement, it shall require additional investigations from 
the same experts, or shall appoint other experts.
 
Section VI.  
Inspection and certification  
Admission of inspection and certification  
Art. 204. (1) At the request of the parties or at its own discretion, the court may appoint an 
inspection of movable or immovable property, or certification of persons, with or without the participation 
of witnesses and experts.
(2) Inspection and certification are means of collecting and verifying evidence. They shall be 
carried out by the whole court members, by a delegated member of the court or by another delegated court.
(3) The court shall inform the parties of the time and place of the inspection. A record shall be 
drawn of the inspection which shall include the findings of the inspection, the explanations of the experts 
and the testimony of the witnesses questioned at the inspection site.
 
Obligation to cooperate  
Art. 205. The provisions on documents shall apply to the obligation to submit, transmit or provide 
access to the subject of the inspection.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Certification  
Art. 206. (1) Certification of a person may only be performed with his consent.
(2) Certification shall be done in such a way that the dignity of the person being certified not be 
harmed. In view of this, the judge may not be present at the certification, whereby assigning it to appropriate 
experts.
(3) Refusal of the person to be certified shall be assessed according to Art. 161.
 
Section VII.  
Securing the evidence  
Securing of evidence  
Art. 207. Where there is any risk that evidence may be lost or may be difficult to collect, the Party 
may request that it be collected in advance.
 
Proceedings for securing the evidence  
Art. 208. (1) The request to secure the evidence shall be submitted to the court hearing the case, 
and, if the case has not yet been filed, to the district court at the permanent address of the person to be 
questioned, or at the location of the property, on which the inspection will be carried out.
(2) A copy of the request to secure the evidence shall be served on the other party.
(3) The ruling of the court with which the request is not granted shall be subject to appeal by a 
private complaint.
(4) The court may gather in the same proceedings the evidence provided by the other party, if they 
are closely related to those of the applicant.
(5) Where the applicant is unable to indicate the name and address of the other party, the court shall 
appoint a representative.
(6) The general rules shall apply with regard to the procedure of collecting evidence and their force.
Expenses  
Art. 209. The expenses for collecting evidence shall not be awarded to the party in the security 
proceedings. They shall be taken into account afterwards, upon settlement of the dispute.
 
Chapter fifteen.  
DEVIATIONS IN RELATION TO THE SUBJECT-MATTER OF THE CASE  
Initial joinder of claims  
Art. 210. (1) The claimant may– with one claim against the same defendant – bring several claims, 
if they are brought before the same court and are subject of consideration under the same procedure.
(2) (Suppl. - SG 50/15) Where the claims brought are not subject to consideration under the same 
procedure, or where the court finds that their joint consideration will be significantly hampered, it shall rule 
separation of the claims. Separation of claims which are in relation to the subject of the case shall not be 
addmitted, unless they are subject to consideration pursuant to different proceedings.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Counter-claim  
Art. 211. (1) Within the time limit for replying to the claim, the defendant may lodge a 
counterclaim, if, in its essence, it is jurisdictional to the same court and is related to the initial claim, or if 
any compensation with the latter may be done.
(2) Bringing the counterclaim shall be subject to the rules for bringing a claim. Where the court 
finds that the joint consideration of the counterclaim will be significantly hampered, it shall rule its 
separation.
 
Incidental claim  
Art. 212. In the first case hearing, the claimant may - and the defendant also, with the reply to the 
claim - request the court to rule in its judgement on, among other things, the existence or non-existence of a 
controversial legal relationship, on which the outcome of the case depends wholly or in part.
 
Ex-officio joinder of claims  
Art. 213. Where there are several cases pending in the court, involving the same persons on the 
claimant's and the defendant's side, or having a connection with one another, the court may bring these cases 
together in a single procedure and issue a joint judgement on them.
 
Amendment of the claim  
Art. 214. (1) At the first hearing for considering the case, the claimant may change the ground of 
his claim if, in view of the defense of the defendant, the court considers it appropriate. The claimant may 
also amend, without amending the ground, his claim. Until the judicial inquiry is over in the first instance, 
the claimant can only amend the amount of the submitted claim, as well as move from settling to conviction 
and vice versa.
(2) The addition of expired interest or collected proceeds of the property after its submission shall 
not be considered an increase of the claim.
 
Chapter sixteen.  
DEVIATIONS IN RELATION TO THE PARTIES  
Section I.  
Joint claimants or defendants in the case  
Admissibility  
Art. 215. A claim may be submitted by several claimants or against several defendants, if subject-
matter of the claim is:
1. their joint rights or obligations, or
2. rights or obligations arising from one and the same ground.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Procedural actions  
Art. 216. (1) Each of the joint parties shall act independently. His procedural actions and inactions 
neither benefit, nor harm the others.
(2) Where, in view of the nature of the disputed relationship or by the disposition of the law, the 
court's judgement must be equal to all the joint parties (required joinder of parties), the actions performed by 
some of them shall also make sense to the joint parties who have not appeared or have not performed them. 
In this case also, however, the consent of all the joint parties shall be necessary for the conclusion of a 
settlement and for the withdrawal or non-joinder of the claim.
 
Statements on general facts  
Art. 217. If any factual allegations of the joint parties on general facts contradict each other, the 
court shall assess them in relation to all the circumstances of the case.
 
Section II.  
Third persons  
Involvement of a third person  
Art. 218. A third person may get involved in the case by the end of the judicial inquiry in the first 
instance in order to assist one of the parties, if the former is interested that the judgement be rendered in the 
said party’s favour.
 
Attracting a third person  
Art. 219. (1) At the first hearing of the case, the claimant - and the defendant as well, with the reply 
to the claim - may attract a third person in order to assist, where that person has the right to get involved.
(2) Attracting a third person shall not be allowed, if the third person has no permanent address in 
the Republic of Bulgaria, or lives abroad.
(3) The party who has a counter-claim against the third person may bring it for a joint consideration 
simultaneously wth the request for attracting.
 
Admission to participation  
Art. 220. Regarding the admission of the third person, the court shall rule with a determination. The 
determination, with which the third person is not admitted, shall be subject to appeal by a private complaint.
 
Rights of third persons  
Art. 221. (1) The third person shall be entitled to carry out all legal proceedings, with the exception 
of the actions representing disposition with the subject of the dispute.
(2) In case of contradiction between the actions and the explanations of the party and the third 
person, the court shall assess them in relation to all the circumstances of the case.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Substitution of the assisted party  
Art. 222. With the consent of both parties, the person involved or the person attracted to the case 
may replace and relieve the party, to which he is assisting.
 
Effect of the judgement  
Art. 223. (1) The enacted judgement has a declaratory effect in the relations between the third 
person and the opposing party.
(2) What the court has established in the reasoning of its judgement shall be binding on the third 
person in its relations with the party, to which he is helping or who has attracted him. The third person may 
not contest it on the pretext that the party has misleaded the case, unless the latter deliberately or through 
gross negligence has failed to bring facts or evidence unknown to the third person.
 
Attracting a person with independent rights  
Art. 224. (1) The defendant shall be released from participation in the case, if he deposits the 
amount or item sought in accordance with the instructions of the court, and attracts the person who also 
exercises independent rights thereon. In this case, the case shall continue only between the two creditors.
(2) If the attracted person does not get involved in the case, the proceedings shall be terminated, 
and the amount or item deposited shall be transferred to the claimant.
(3) Where the defendant makes the request for attracting in the response to the claim, he shall not 
be responsible for the costs.
 
Main involvement  
Art. 225. (1) The third person, who has independent rights over the subject matter of the dispute, 
may get involved in the case by bringing an action against both parties.
(2) The bringing of a claim by a third person shall be allowed until the end of the judicial inquiry in 
the first instance.
 
Section III.  
Assignment of the Disputable Right and Substitution of a Party  
Assignment of the disputable right  
Art. 226. (1) If, within the proceedings on the disputable right, it is assigned to somebody else, the 
lawsuit shall continue its development between the parties initially constituted.
(2) The acquirer may enter or be attracted to the case as a third person. He may substitute his 
assignor only under the conditions of Art. 222.
(3) The pronounced judgement shall, in all cases, constue res judicata regarding the acquirer, except 
for the acts for the entry, where it refers to a real estate ( Art. 114 of the Ownership Act ) and to the 
acquisition of ownership through possession in good faith ( Art. 78 of the Ownership Act ) where it refers to 
movables.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Succession in the procedure  
Art. 227. Should the party die or the legal person cease to exist, the court proceeding shall continue 
with the participation of the successor.
 
Substituting a party  
Art. 228. (1) Amending the claim by substituting one of the parties with another person shall be 
admissible in any stage of the case at first instance, with the consent of both parties and the person getting 
invovled as a party to the case.
(2) The consent of the defendant shall not be necessary, where the claimant waives his claim 
against him.
(3) The claimant may bring his action against a defendant who does not agree to enter the case. 
However, in this case, the claim against the new defendant shall be deemed to have been filed from the day 
that the claim against him is filed at the court.
 
Chapter seventeen.  
DEVIATIONS IN THE DEVELOPMENT OF THE PROCEDURE  
Section I.  
Suspension, renewal and termination of proceedings  
Suspension of proceedings  
Art. 229. (1) The court shall suspend the procedure:
1. upon the consent of the parties;
2. in event of death of some of the parties;
3. where is needed to establish a guardianship or trusteeship over some of the parties;
4. where in the same or in another court a lawsuit is being heard, the judgement on which is of 
importance for the correct settlement of the dispute;
5. where within the hearing of a civil lawsuit criminal circumstances are detected, on ascertaining 
of which depends the settlement of the civil dispute;
6. where the Constitutional Court has allowed the hearing of a claim on its merits challenging the 
constitutionality of a law applicable to the case ;
7. in cases explicitly provided by law.
(2) In the cases under Para. 1, item 1, if the prosecutor participates in the case together with one of 
the parties, his consent shall also be necessary for the suspension. In the cases under Para. 1, item 2 and 3, if 
the court case has been completed, the proceedings shall be suspended after the judgement on the case has 
been handed down.
(3) Suspension of the case by agreement of the parties shall be allowed only once in the 
proceedings in one instance.
 
Renewal of proceedings  
Art. 230. (1) The proceedings shall be resumed ex officio or at the request of one of the parties after 
the removal of obstacles to its progress, for which the court, in case of death of the claimant and under Art. 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.229, para. 1, items 3 – 6 , shall itself take the necessary measures.
(2) Upon death of the defendant, the claimant shall be obliged within six months from the 
announcement to indicate his successors and their addresses or to take measures for appointment of a 
manager of the vacant inheritance, or for summoning the heirs under the procedure of Art. 48. If the 
obligation is not fulfilled, the case shall be terminated.
(3) Upon renewal, proceedings shall commence from that action at which it has been suspended.
 
Termination of the procedure  
Art. 231. (1) Proceedings suspended by common agreement between the parties shall be terminated 
if, within six months of the suspension, none of the parties has requested its renewal. If a judgement is made, 
it shall be invalidated.
(2) In the case under para. 1, Art. 232, second sentence  shall apply.
 
Section II.  
Withdrawal of the clam, waiver of the claim, court settlement  
Withdrawal of the claim  
Art. 232. The claimant may withdraw his claim without the consent of the defendant before the end 
of the first session on the lawsuit. If the claimant files again the same claim, he may use the collected 
evidence in the new lawsuit only if for their repeated collection a difficult for surmounting obstacle arises.
 
Waiver of the claim  
Art. 233. The claimant may waive fully or partially the disputable right at any stage of the case. In 
this case, he may not file again the same claim. Where the waiver is made before appellate or cassation 
instance, the appealed judgement shall be invalidated.
 
Court settlement  
Art. 234. (1) For any settlement that does not contravene the law and good morals shall be drafted a 
protocol which shall be approved by the court and signed by it and the parties.
(2) Where the prosecutor participates as a party to the case, the court shall approve the settlement 
after taking its opinion as well.
(3) The court settlement shall have the force of a judgement in force, and shall not be subject to 
appeal before a higher court.
(4) Where the settlement relates only to a part of the dispute, the court shall continue the 
examination of the case for the part left outside of the settlement.
 
Chapter eighteen.  
JUDGEMENTS ON CASES  
Section I.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Case Judgement  
Pronouncement of judgement  
Art. 235. (1) The judgement shall be rendered by the court panel which participated in the hearing, 
in which the examination of the case has been completed.
(2) The court shall base its judgement on the circumstances in the case which it has accepted as 
established, and on the law.
(3) The Court shall also take into account the facts which have occurred after the bringing of the 
action and which are relevant to the disputable right.
(4) The judgement together with the motivation thereof shall be made in writing.
(5) The court shall announce its judgement with the motives thereof within one month at the latest 
after the session, in which the hearing of the case has been completed. The judgement shall be announced in 
the register of court judgements which is public and everyone has right of free access to it.
 
Contents of the judgement  
Art. 236. (1) The judgement shall contain the following:
1. the date and place of pronunciation;
2. indication of the court, the names of the judges, of the secretary and of the prosecutor, if he has 
participated in the lawsuit;
3. the number of the case, on which the judgement is pronounced;
4. the names, respectively the name and the address of the parties;
5. what the court has ruled on the substance of the dispute;
6. who shall bear the costs;
7. (new – SG 86/17) a bank account to transfer the amounts awarded or any other way of payment 
indicated by the claimant;
8. (Previous item 7 - SG 86/17) if the judgement is subject to appeal, before which court and within 
what period it can be appealed;
(2) The court shall set out its reasons for the judgement, stating the parties' requests and objections, 
the assessment of the evidence, the factual findings and the legal conclusions of the court.
(3) The judgement shall be signed by all the judges who took part in its ruling. When one of the 
judges cannot sign it, the chairman or the senior judge shall note in the judgement the reasons for that.
 
Judgement upon recognition of the claim  
Art. 237. (1) Where the defendant recognizes the claim, at the request of the claimant the court 
shall terminate the judicial inquiry and issue a judgement as per the recognition.
(2) It is sufficient to state in the motives for the judgement that it is based on the claim being 
recognized.
(3) The court cannot issue a judgement upon recognition of the claim where:
1. the recognized right is contrary to law or good morals;
2. a right is recognized which the party can not dispose of.
(4) The recognition of the claim cannot be subject to waiver.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Judgement in absentia  
Art. 238. (1) If the defendant has failed to submit a reply to the claim within term, and does not 
appear at the first session of the case, and has not requested that the case be examined in his absence, then 
the claimant may request a sentence against the defendant pronounced in absentia, or may withdraw the 
claim.
(2) The defendant may request the termination of the case and awarding of costs, or the judgement 
pronounced in absentia against the claimant, if he fails to appear at the first hearing of the case, has not 
stated an opinion on the reply to the claim, and has not requested that the hearing of the case be held in his 
absence. If the claimant brings again the same claim, Art. 232, second sentence shall apply.
(3) If the claimant has not indicated and has not submitted any evidence in his claim, and the 
defendant has not submitted a reply in time, and both parties fail to appear at the first hearing of the case 
without having requested the case be heard in their absence, the case shall be terminated.
 
Pronouncement of judgement in absentia  
Art. 239. (1) The court shall pronounce a judgement in absentia where:
1. the parties have been informed of the consequences of non-compliance with the terms of the 
exchange of papers, and of their failure to appear in court;
2. the claim is likely to be well founded in view of the circumstances set out in the motion and the 
evidence submitted, or is likely to be unfounded in the light of the objections raised and the supporting 
evidence.
(2) The judgement in absentia shall not be substantiated. It shall suffice to point out that it is based 
on the existence of the preconditions for ruling a judgement in absentia.
(3) Where the court finds that there are no prerequisites for making a judgement in absentia, it shall 
reject the request by determination and shall proceed with hearing the case.
(4) The judgement in absentia shall not be subject to appeal.
 
Defence against judgements in absentia  
Art. 240. (1) Within one month from the serving of the judgement in absentia, the party against 
which it has been given may request the Appellate court to revoke it, if it has been deprived of the 
opportunity to participate in the case due to:
1. invalid service of the copy of the claim or the summons for the court hearing;
2. inability to know in due time of the service of the copy of the claim motion or the summons for 
the hearing due to special unforeseen circumstances;
3. impossibility to appear personally or through a lawyer due to special unforeseen circumstances, 
which could not be overcome.
(2) (Amend., SG - 50/08, in force from 01.03.2008) The party against whom a judgement in 
absentia has been given shall be entitled to bring a claim for the same right or to challenge it, when newly 
discovered circumstances or new documentary evidence essential to the case have been found which could 
not have been known to the party during the cases’s resolution, or which could not have been obtained by 
the party in a timely manner.
(3) The claim under para. 2 may be filed within three months from the day, on which the new 
circumstance became known to the party, or from the day on which it was able to obtain the new written 
evidence, but not later than one year of repayment of the claim.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Section II.  
Postponed and deferred enforcement. Preliminary enforcement  
Postponement and deferment of enforcement  
Art. 241. (1) Upon delivery of the judgement, the court may postpone or defer its enforcement 
having in mind the property status of the party, or other circumstances.
(2) The court may not reschedule the enforcement of a judgement, for which a rescheduling is 
envisaged by law.
 
Allowing preliminary enforcement  
Art. 242. (1) The court shall order preliminary enforcement of judgement when awarding alimony, 
remuneration and compensation for work.
(2) The court may, at the request of the claimant, allow preliminary enforcement of judgement in 
the following cases as well:
1. awarding a receivable based on an official document;
2. awarding a receivable recognized by the defendant;
3. the delay in performance may result in significant and irreparable damage to the claimant, or 
enforcement itself would be impossible or would be significantly impeded.
(3) In the cases under Para. 2, the court may oblige the claimant to provide in advance a due 
security.
 
Inadmissibility of preliminary enforcement  
Art. 243. (1) Preliminary enforcement shall also not be allowed against collateral if, as a result of 
the enforcement, the defendant can be caused irreparable harm or damage, which is not subject to an 
accurate monetary assessment. Sentence one shall not apply to judgements granting maintenance or 
remuneration for work.
(2) Against the state, the state institutions and the medical establishments under Art. 5, Para. 1 of 
the Medical Establishments Act  enforcement shall not be allowed of a judgement which has not entered 
into force.
 
Appeal against the determination  
Art. 244. The determination which allows or waives the preliminary enforcement of a judgement 
may be appealed by a private complaint.
 
Suspension and termination of preliminary enforcement  
Art. 245. (1) The debtor, against whom preliminary enforcement has been allowed, may, except in 
the cases of Art. 242, para. 1 , suspend the enforcement by providing collateral for the creditor under Art. 
180 and 181 of the Obligations and Contracts Act .
(2) Enforcement shall also be suspended when the contested judgement is revoked.
(3) (suppl. – SG 86/17) If the claim is then dismissed by a final judgement in force, enforcement 
shall be terminated. In this case, the court which delivered the judgement shall issue a writ of execution to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.the debtor against the creditor for the return of the sums or property received on the basis of the allowed 
preliminary enforcement of the revoked judgement, as well as for the expenses and fees collected from the 
debtor in the enforcement proceedings.
 
Section III.  
Correcting the judgement  
Non-revocable judgement  
Art. 246. After declaring the judgement in the case, the court itself cannot revoke or amend it.
 
Correction of obvious factual mistakes  
Art. 247. (1) The court may, on its own initiative or at the request of the parties, correct the obvious 
factual errors made in the judgement.
(2) The court shall notify the parties of the requested correction with instructions to submit a reply 
within one week.
(3) The court shall summon the parties in open session when it deems it necessary.
(4) The decision for correction shall be served on the parties and may be appealed in the manner in 
which the judgement is subject to appeal.
 
Amending the judgement in its part on the expenses  
Art. 248. (1) Within the time limit for appeal - and if the judgement is not subject to appeal, within 
one month of its delivery - the court may, at the request of the parties, supplement or amend the judgement 
rendered in the part of the expenses.
(2) The court shall inform the opposite party of the requested supplement or amendment with an 
instruction to submit a reply within one week.
(3) The determination about expenses shall be ordered in camera and shall be handed to the parties. 
It may be appealed in the manner in which the judgement is subject to appeal.
 
Settlement after the end of the judicial inquiry  
Art. 249. The court shall nullify its judgement if, prior to its entry into force, the parties state that 
they have settled and are requesting that the case be terminated.
 
Supplementing the judgement  
Art. 250. (1) The party may request that the judgement be supplemented, if the court has not ruled 
on the whole of its request. Such a request may be filed within one month of service of the judgement, or of 
its entry into force.
(2) The court shall notify the opposite party of the requested supplementation with an instruction to 
submit a reply within one week. The request shall be dealt with by summoning the parties in open court 
when the court considers it necessary to clarify the unresolved part of the dispute.
(3) The court shall make a further determination, subject to appeal under the general procedure.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Interpretation of the judgement  
Art. 251. (1) Disputes concerning the interpretation of an enforced judgement shall be heard by the 
court which has ruled it.
(2) Interpretation can not be requested once the judgement has been enforced.
(3) The court shall communicate to the parties the requested interpretation, indicating to them that 
they may submit a reply within one week.
(4) The court shall summon the parties in open session when it deems it necessary.
(5) The decision on interpretation shall be subject to appeal in the order in which the judgement 
being interpreted is appealed.
 
Section IV.  
Pronouncing the determinations  
Field of application  
Art. 252. The court shall pronounce a determination when deciding on matters that do not resolve 
the dispute on the merits.
 
Revocation of determinations  
Art. 253. Determinations which do not put an end to the case may be amended or revoked by the 
same court as a result of a change in circumstances, error or omission.
 
Content of the ruling  
Art. 254. (1) The court's determination on conflicting claims of the parties, as well as the 
determination rejecting a request shall be motivated. The requests of the parties and the circumstances of the 
case in relation to them shall be stated in the statement of reasons in so far as is necessary.
(2) Where the determination is pronounced in a closed session, it shall contain:
1. the date and place of pronouncement
2. indication of the court, the names of the judges of the court body and of the parties;
3. the number of the case, on which the judgement is pronounced;
4. what the court has ruled;
5. to whom the expenses are awarded;
6. if the ruling is subject to appeal, before which court and in what period;
7. signatures of the judges.
 
Chapter nineteen.  
SETTING A DELAY DEADLINE  
Motion for setting a delay deadline  
Art. 255. (1) Where the court fails to perform a certain procedural action in due time, the party 
may, in any stage of the case, submit a motion for the determination of an appropriate deadline for its 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.execution.
(2) The motion shall be filed through the same court to the higher court. The court hearing the case 
shall immediately send the motion together with its opinion to the higher court.
 
Granting the motion  
Art. 256. (1) When the court immediately performs all the actions specified in the request, and 
notifies the party thereof, the motion shall be deemed withdrawn.
(2) The motion shall be forwarded for hearing by a higher court, if within one week of receipt of 
the notification under Para 1, the party declares it continues to maintain it.
 
Considering the Motion for setting a delay deadline, and deciding on it  
Art. 257. (1) The motion for setting a delay deadline shall be examined by a judge of the higher 
court within one week of its receipt.
(2) If the court finds an unjustified delay, it shall set a deadline for the execution of the action. 
Otherwise, the court shall reject the motion. The determination shall not be subject to appeal.
 
Division two.  
APPEALING JUDGEMENTS AND DETERMINATIONS. REVOCATION OF EFFECTIVE 
JUDGEMENTS  
Chapter twenty .  
APPEALING BEFORE APPELLATE COURTS  
Subject to appeal and competent court  
Art. 258. (1) The judgements of the regional courts shall be subject to appeal before the district 
courts, and the judgements of the district courts as first instance courts - before the appellate courts.
(2) Appeals may be lodged against the entire judgement or against separate parts thereof.
 
Time limit for appeal  
Art. 259. (1) The appeal shall be lodged through the court which delivered the judgement, within 
two weeks of its serving on the party.
(2) The time limit for appeal shall be interrupted by the submission of a Request for legal aid, and 
shall not run until the request has been considered.
(3) From the entry into force of the judgement to reject the request under para. 2, a new time limit 
shall begin to run and, if the request is granted, the new period shall begin to run from service of the first-
instance judgement to the appointed ex-officio lawyer.
(4) Subsequent submission of requests for legal aid shall not suspend or interrupt the period of 
appeal.
 
Contents of the appellant's complaint  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 260. The complaint shall contain:
1. the name and the address of the party who files it;
2. indication of the appealed decision;
3. statement on the substance of the defect of the decision;
4. the substance of the appeal;
5. the newly discovered and newly occurred facts that the appellant seeks to be taken into account 
in the resolution of the case by the appellate instance, and a precise indication of the reasons which 
prevented him from declaring the newly discovered facts;
6. the new evidence that the appellant seeks to be assembled when examining the case at the 
appellate instance, and setting out the reasons which prevented him from indicating or presenting them;
7. signature of the appellant.
 
Attachments to the complaint:  
Art. 261. To the complaint shall be attached:
1. copies of it and of its attachments as per the number of the persons participating in the lawsuit as 
opposite party;
2. a Power of Attorney, if the complaint is filed by a lawyer;
3. the new written evidence, stated in the complaint;
4. a document of paid fee.
 
Verification by the first-instance court  
Art. 262. (1) If the complaint does not meet the requirements of Art. 260, items 1, 2, 4 and 7  and 
of Art. 261, the party shall be notified to remove the omitted irregularities within one week term.
(2) The complaint shall be returned, if:
1. it has been submitted after the elapse of the term to appeal, and
2. the omitted irregularities have not been removed within the term.
(3) The order to return may be appealed by a private complaint.
 
Reply to the appeal and a counter-appeal  
Art. 263. (1) Upon receipt of the appeal, the court shall send a copy thereof, together with the 
attachments, to the other party, which may reply to the complaint within two weeks of receipt thereof. For 
the reply, the provisions of Art. 259, para. 2-4 , Art. 260, items 1, 2, 4 and 7  and Art. 261 shall respectiely 
apply.
(2) The opposing party may lodge a counter-appeal within the time limit for reply. The counter-
appeal must comply with the requirements for an appeal.
(3) The court shall verify the validity of the counter-appeal under Art. 262. Once it has accepted it, 
the court shall send a copy of it together with the attachments to the other party who may submit its reply 
within one week of receipt.
(4) The counter -appeal shall not be considered, if the appeal has been withdrawn or returned.
(5) After the expiration of the terms under para. 1 and 3, the case together with the appeals and the 
replies shall be sent to the higher court.
 
Withdrawal and waiver of appeals  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 264. (1) At any stage of the case, the party may withdraw the submitted appeal in whole or in 
part.
(2) A preliminary waiver of the right of appeal shall be null and void.
 
Joining the appeal  
Art. 265.(1) Any of the joint parties in the case may, not later than the first hearing at the appellate 
instance, join the appeal filed by his co-claimant or co-defendant. Joining shall be done by submitting a 
written request with copies according to the number of parties.
(2) In the cases of necessary partnership, the court shall constitute the appellant's joint parties ex-
officio.
 
Prohibition to state new facts and evidence  
Art. 266. (1) In the appellate procedure, the parties can not state new circumstances, point out and 
present evidence, which they were able to indicate and present in due time at first instance.
(2) Pending the outcome of the judicial inquiry, the parties may:
1. state new circumstances and to point and present new evidence only if they were not able to 
know, indicate and present them until the appeal was lodged within the time limit for reply;
2. state new circumstances that have arisen after the filing of the appeal, respectively, after the 
expiry of the time limit for reply, relevant to the case, and may indicate and present evidence thereof.
(3) In the appeal proceedings, collecting of evidence which was not admitted by the court of first 
instance due to procedural violations may be requested.
 
Preparatory session  
Art. 267. (1) In a closed session, the appellate court shall examine the admissibility of the appeals 
whereby applying Art. 262 respectively, shall rule on the admission of the new evidence provided by the 
parties, and shall schedule the hearing in open court. The issue of the admissibility of appeals and 
evidentiary requests may also be settled at the first case hearing, if the court finds it necessary to also hear 
the parties’ explanations verbally.
(2) The court may again hear witnesses and experts, if it deems it necessary.
 
Open session of the court of appeal  
Art. 268. (1) The court of appeal shall examine appeals in open session by summoning the parties 
and shall report the appeals and the replies thereof.
(2) Collecting of evidence shall happen under the general rules, whereupon the hearing of the case 
shall be postponed, if needed.
(3) After resolving the issues under Art. 267 and the collection of evidence, the court shall proceed 
to the verbal contest, to which Art. 149, para. 3  shall respectively apply.
 
Powers of the court of appeal  
Art. 269. The court of appeal shall rule ex-officio on the validity of the judgement, and on the 
admissibility of the judgement - in the part being appealed. As regards the other issues, it shall be limited to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.what is stated in the appeal.
 
Decision in event of void or inadmissible first instance decision  
Art. 270. (1) Where the first instance judgement is null and void, the court of appeal shall declare 
the nullity and, if the case is not subject to termination, return it to the court of first instance for a new 
judgement.
(2) Invalidity of the judgement may be submitted by the claim procedure with no term limitation, or 
by way of objection.
(3) Where the judgement is inadmissible, the court of appeal shall invalidate it and shall terminate 
the lawsuit. Where the ground for inadmissibility is nullity of jurisdiction over the dispute, the lawsuit shall 
be forwarded to the competent court. If a non-submitted claim has been considered, the judgement shall be 
invalidated and the case shall be returned to the first instance court to pronounce on the claim as submitted.
(4) The judgement of the district court may not be invalidated on the only ground that the claim 
was subject to jurisdiction of the regional court.
 
Decision on incorrect first instance decision  
Art. 271. (1) Where the first instance judgement is valid and admissible, the court of appeal shall 
resolve the dispute in substance by upholding or reversing in whole or in part the first instance judgement. If 
the judgement is not appealed by the other party, the situation of the appellant shall not be impaired by the 
new judgement.
(2) If the judgement on the main claim is revoked, the Joinder thereof of Contingent Claims, on 
which the first instance court has not pronounced, shall also recover their pending status.
(3) (Amend. - SG 50/08, in force from 01.03.2008) The court shall also revoke the judgement with 
respect to the appellant's necessary partners who have not appealed.
 
Judgement where the first instance judgement is correct  
Art. 272. Where the court of appeal confirms the first instance judgement, it shall state the reasons 
for the judgement and may also refer to the reasoning of the first instance court.
 
Applicability of the rules of first instance proceedings  
Art. 273. Insofar as there are no special rules for the proceedings before the appellate instance, the 
rules of procedure at first instance shall apply respectively.
 
Chapter twenty one.  
APPEALING THE DETERMINATIONS  
Appealing with a private complaint  
Art. 274. (1) Against determinations of the court private complaints may be filed:
1. where the determination prevents any further development of the case, and
2. in the cases explicitly specified in the law.
(2) (Amend. and suppl. - SG - 50/15) Where the determinations under Para. 1 have been issued by a 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.court of appeal, they shall be subject to appeal by a private complaint before the Supreme Court of 
Cassation, and, when pronounced by a district court as an appeal instance - before the respective court of 
appeal. The determinations under Para. 1, ruled by the members of the Supreme Court of Cassation, shall be 
subject to appeal before another chamber of the same court.
(3) (suppl. – SG 86/17) Where the prerequisites of Art. 280, para. 1 and para. 2  are available, to 
an appeal with a private complaint before the Supreme Court of Cassation shall be subject the following:
1. determinations of the courts of appeal, with which private appeals against determinations 
preventing the further development of the case are denied as unfounded;
2. determinations giving substantive authorization to other proceedings, or preventing their 
development.
(4) (Amend. - SG 100/10, in force from 21.12.2010) Determinations on cases, whose judgements 
are not subject to cassation appeal, shall not be subject to appeal.
 
Term for appeal and contents of the private complaint  
Art. 275. (1) Private complaints shall be filed within one week of announcing the determination. If 
a determination ruled in court session is appealed, for the party who was in attendance, this term shall run 
from the day of the hearing.
(2) (Amend. - SG 50/08, in force from 01.03.2008) Regarding private complaints, the provisions of 
Art. 259, para. 2-4 , Art. 260, 261, 262 and 273 shall apply respectively.
 
Reply to the private complaint  
Art. 276. (1) Upon receipt of the complaint, the court shall send a copy to the other party who may 
reply within one week of receipt.
(2) After expiration of the term under para. 1, the complaint, together with the reply and its 
attachments, if any were submitted, shall be sent to the higher court. The court shall attach a copy of the 
contested determination.
 
Suspending the proceedings  
Art. 277. The private complaint shall not suspend the proceedings on the case, neither the 
enforcement of the appealed determination, unless otherwise provided for by law. The court, where the 
complaint is being heard, may suspended the proceedings or the enforcement of the appealed determination 
until the private complaint has been resolved, should it deem it necessary.
 
Consideration and deciding on the private complaint  
Art. 278. (1) Private complaints shall be considered at a closed session. The court may, if it 
considers it necessary, examine it in open court.
(2) If the court revokes the appealed determination, the court itself shall decide on the complaint. 
The court can also collect evidence, if it finds this necessary.
(3) The pronounced determination on the private complaint shall be obligatory for the lower court.
(4) Insofar as there are no special rules in this section, the rules of appeals against judgements shall 
apply accordingly to the proceedings in private complaint.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Appeal against the determinations  
Art. 279. The provisions of Art. 274 – 278  shall also be respectively applied to the private 
complaints against the determinations of the court.
 
Chapter twenty two.  
CASSATION APPEAL  
Field of application  
Art. 280. (1) (declared anticonstitutional in respect of the word "substantial" in DCC No 04/09 – 
SG 47/09, amend. – SG 86/17) Subject to appeal before the Supreme Court of Cassation shall be the 
appellate decisions, where the court has pronounced on a material legal matter or procedural legal matter, 
which is:
1. decided contrary to the mandatory practice of the Supreme Court of Cassation and the Supreme 
Court in interpretative judgements and rulings, as well as in contradiction to the practice of the Supreme 
Court of Cassation;
2. resolved in contradiction with acts of the Constitutional Court of the Republic of Bulgaria or of 
the Court of Justice of the European Union;
3. of importance for the precise application of the law, as well as for the development of the law.
(2) (New – SG 86/17) Notwithstanding the prerequisites under para. 1, the appeal judgement shall 
be allowed to a cassation appeal in case of probable nullity or inadmissibility, as well as in case of obvious 
irregularity.
(3) (amend. – SG 100/10, in force from 21.12. 2010; amend. - SG 50/15, previous Para. 2 - SG 
86/17) The following shall not be subject to cassation appeal:
1. judgements on appellate cases with claims of up to BGN 5000 regarding civil cases and up to 
BGN 20 000 regarding commercial cases, except for judgements on claims for ownership and other real 
rights on real estate and claims joined with them claims that have importance to justify a claim for 
ownership;
2. (amend. and suppl. - SG 8/17) court judgements on appellate cases with maintenance claims, 
matrimonial claims, claims under Art. 322, para 2  of this Code, with exception of the matters under Art. 59 
Para. 2 of the Family Code  in cases where at the date of notification of the appellate decision from the 
marriage there is an underage child, proceedings under Art. 126, para 2 , Art. 127a  and Art. 130 of the 
Family Code , claims under Art. 11, para 2 of the Farm Land Ownership and Use Act  and under Art. 13 
para 2 of the Restoration of Ownership of Forests and Forestry Fund Lands Act , procedures for 
allocating the use of co-owned property under Art. 32, para. 2 of the Ownership Act , claims under Art. 40 
of the Act on Condominium Ownership Management , requests to change a name under Art. 19, para 1 
of the Civil Registration Act  and claims under Art. 17 para 1 of the Settlement of Collective Labour 
Disputes Act ;
3. judgements on appellate cases on labor disputes, other than judgements on claims under Art. 
344, para 1, p. 1, 2 and 3 of the Labour Code  and claims for remuneration and benefits in an employment 
relationship the cost of claim being over BGN 5 000.
 
Grounds for cassation appeal:  
Art. 281. Cassation appeal shall be submitted if:
1. the decision is void;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.2. the decision is inadmissible;
3. the decision is incorrect due to breach of the material law, due to a substantial breach of the 
procedure rules, or is unjustified.
 
Suspension of the enforcement of the appellate judgement  
Art. 282. (1) The submission of the cassation appeal shall not suspend the enforcement of the 
judgement.
(2) The appellant may request the suspension of the enforcement of the appellate judgement. In that 
case, he shall be obliged to present a due security. The amount of the security shall be determined:
1. on judgement for monetary receivables – the awarded amount;
2. on judgement for estate rights – the appealed interest.
(3) In all other cases, the amount of the security shall be determined by the court.
(4) Where the security is given in connection with the enforcement of a judgement concerning real 
rights in immovable property or chattels, it shall be withheld, if, within two weeks after the cassation appeal 
has been denied as unfounded, the claimant has brought an action for damages for the delay of enforcement.
(5) Where the enforcement of the assigned receivable is secured, the security shall be released after 
the claim has been rejected or the proceedings terminated.
(6) If the appeal judgement is revoked, its enforcement shall be suspended. In case the new 
judgement is different from the previous one, the provision of Art. 245, para. 3 , sentence two shall apply 
respectively.
 
Term for cassation appeal  
Art. 283. The appeal shall be filed through the court which issued the appeal judgement, within one 
month of it being served on the party. The cassation appeal term shall be interrupted according to Art. 259, 
Para 2, 3 and 4 .
 
Content of the cassation appeal  
Art. 284. (1) The appeal shall contain:
1. the name and the address of the party submitting it;
2. indication of the appealed judgement;
3. exact and reasoned statement of the cassation grounds;
4. the substance of the request;
5. signature of the appellant.
(2) The cassation appeal shall be signed also by a lawyer or a legal adviser, except where the 
appellant or his representative has legal capacity. To the appeal shall be enclosed a Power of Attorney to 
sign, or a certificate of legal capacity.
(3) Enclosed to the appeal shall be:
1. statement of the grounds for admission of a cassation appeal  under Art. 280, Para 1 ;
2. a number of copies of the appeal and the enclosed documents according to the number of persons 
participating in the case as opposite party;
3. a Power of Attorney, where the appeal is filed by a lawyer];
4. a document for paid fee.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Verification of the validity of the cassation appeal  
Art. 285. (1) The appellate court shall verify the validity of the appeal and if it does not meet the 
requirements of Art. 284, shall notify the party to remove within one week term the omitted irregularities.
(2) If the appeal is valid, the court of appeal shall forward it, together with the exchanged papers 
and the case, to the Supreme Court of Cassation.
 
Return of the cassation appeal  
Art. 286. (1) The appeal shall be returned by the court of appeal if:
1. it has been submitted after the expiration of the appeal period ;
2. the omitted irregularities have not been removed within the term;
3. (amend. – SG 86/17) the appellate judgement is not subject to appeal under Art. 280, Para 3 .
(2) The order to return may be appealed by a private complaint.
 
Reply to the cassation appeal and counter-cassation appeal  
Art. 287. (1) Upon receipt of the appeal, the court of appeal shall send a copy thereof, together with 
the attachments, to the other party who may reply within one month of receiving the appeal. For the reply, 
the provisions of Art. 259, Para 2-4  and Art. 284 shall apply accordingly.
(2) The opposite party in the appeal may submit a counter-cassation appeal within the term for 
reply. The counter-cassation appeal must meet the requirements for cassation appeals.
(3) If a cassation appeal is lodged within the time limit, the court of appeal shall verify its validity 
and send a copy of it together with its attachments to the other party who can reply within two weeks of 
receipt thereof.
(4) The counter-cassation appeal shall be considered only after the cassation appeal has been 
considered.
 
Admission of cassation appeal  
Art. 288. The Supreme Court of Cassation shall pronounce on admission of the cassation appeal by 
a ruling at a closed session, in a body of three judges.
 
Summoning of the parties to the cassation procedure  
Art. 289. By each 1st day of the month, the Supreme Court of Cassation shall promulgate in the 
State Gazette the days, on which it shall sit in the next month, and the lawsuits subject to hearing. Where 
circumstances impose change in this order, the parties shall be notified of this by a notification.
 
Hearing of the cassation appeal  
Art. 290. (1) The appeal shall be heard by a body of three judges of the Supreme Court of Cassation 
at an open session.
(2) The Supreme Court of Cassation shall verify the correctness of the appellation judgement only 
in relation to the grounds stated in the appeal.
(3) (New – SG 86/17) The judgement under para. 2 shall not represent a mandatory case law.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Unification of the practice  
Art. 291. (Revoked – SG 86/17)
Proposal for interpretative decision  
Art. 292. In cases, resolved controversially by the Supreme Court of Cassation, the body shall 
propose to the General Assembly to give an interpretative decision, whereby suspending the proceedings.
 
Cassation judgement  
Art. 293. (1) The Supreme Court of Cassation shall maintain or revoke, partially or wholly, the 
appealed judgement.
(2) The judgement shall be annulled as incorrect when the substantive law has been breached, or 
when substantial breaches of the procedure rules have been made, or when the judgement is unjustified.
(3) The court shall return the case for re-examination to a new chamber of the court of appeal, only 
if it is necessary to repeat or to proceed with new legal proceedings.
(4) Where the appealed judgement is null and void, or inadmissible, the rules of Art. 270 shall 
apply.
 
Second hearing of the case  
Art. 294. (1) The court, to which the case has been referred, shall hear it under the general order, 
the proceedings being initiated from the unlawful act which served as grounds for revoking the judgement. 
The instructions of the Supreme Court of Cassation on application and interpretation of the law shall be 
binding to the court, to which the case was referred.
(2) Upon the second hearing of the case, the court shall also rule on the costs of conducting the case 
in the Supreme Court of Cassation.
 
Cassation appeal against the judgement in second hearing of the case  
Art. 295. (1) Where the prerequisites under Art. 280, para. 1  are present, the second judgement of 
the appellate instance may be appealed for violations during the second hearing of the case. The appeal shall 
be heard by another three-member panel of the Supreme Court of Cassation, which, in case of annulment, 
shall pass judgement on the dispute on its merits.
(2) Where the grounds for revocation require the performance of legal proceedings, the Supreme 
Court of Cassation shall revoke the appeal judgement and shall issue a new judgement after performing the 
necessary actions. In this case, the rules of the appellate procedure shall apply accordingly.
 
Chapter twenty three.  
EFFECT OF THE COURT JUDGEMENTS  
Entry into force of the judgements  
Art. 296. Judgements shall enter into force:
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.1. which are not subject to appeal;
2. against which no appeal or cassation appeal has been lodged within the time-limit prescribed by 
law, or the appeal lodged has been withdrawn; in the latter case, the judgement shall enter into force on the 
day of entry into force of the order terminating the case;
3. on which a cassation appeal has not been admitted or has not been upheld.
 
Recognition of the judgement  
Art. 297. The effective judgement shall be binding on the court which has ruled it, and on all 
courts, institutions and municipalities in the Republic of Bulgaria.
 
Limits 
Art. 298. Judgements shall enter into force only between the same parties, with regard to the same 
claim, and on the same grounds.
(2) Effective judgements shall have effect also on the heirs of the parties, as well as on the 
successors thereof.
(3) Judgements ruled on civil status claims, including marriage claims, shall have effect with regard 
to everyone.
(4) Judgements shall also enter into force with regard to the requests and objections with which 
they have been granted with respect to the right of retention and set-off.
 
Impossibility to re-settle  
Art. 299. (1) Any dispute settled by an effective judgement shall not be re-settled, except in cases 
where the law provides otherwise.
(2) The retrial shall be terminated by the court ex-officio.
(3) The effective judgement cannot be disputed by the party as if pronounced in false proceedings.
 
Binding force of sentences  
Art. 300. The effective sentence of the criminal court shall be binding on the civil court, which 
examines the civil consequences of the act as to whether the act has been committed, its unlawfulness and 
the culpability of the perpetrator.
 
Expanding effect upon prosecutor's claim  
Art. 301. Where the case has been initiated by a prosecutor's claim, the effective judgement shall 
also be binding for the party, in whose interest the prosecutor has brought the claim.
 
Binding force of judgements in administrative disputes  
Art. 302. Any effective judgement of an administrative court shall be binding on the civil court as 
to whether the administrative act is valid and lawful.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Chapter twenty four.  
REVOCATION OF EFFECTIVE JUDGEMENTS  
Grounds for revocation  
Art. 303. (1) The interested party may require revocation of an effective judgement if:
1. new circumstances or new written evidence of substantial importance for the lawsuit are found 
which could not have been known during its hearing, or which the party could not have obtained in time.
2. where, under due court procedure, the court establishes the falseness of a document, a testimony 
of a witness, a conclusion of an expert, on whom the judgement is based, or a criminal act of the party, of 
the representative thereof, a member of the court, or a person serving the papers in relation to the resolution 
of the case;
3. the judgement is based on a decree of a court or other state authority which has subsequently 
been revoked;
4. between the same parties, for the same claim and on the same grounds, another effective decision 
contradicting it was pronounced before it ;
5. the party, as a result of breaching the relevant rules, has been deprived of the opportunity to 
participate in the case, or was not duly represented, or where it could not attend in person or through a 
lawyer as a result of special unforeseen circumstances, which it could not have overcome;
6. the party, whereby breaching the respective rules, was or respectively was not represented by a 
person under Art. 29.
7. (new – SG 42/09) in a final decision the European Court of Human Rights has found a violation 
of the Convention for the Protection of Human Rights and Fundamental Freedoms , drawn up in Rome 
on the 4 November 1950 (ratified in a law – SG 66/92) (SG 80/92; amend. by Protocol No. 11 from 1994) or 
of the protocols thereto and the new hearing of the case is necessary to remedy the consequences from the 
violation.
(2) No judgement on granting divorce, marriage annulment or marriage recognized as non-existent 
shall be allowed to be revoked.
(3) No effective judgement pronounced in absentia shall be requested to be revoked for a reason 
that could have been sought, or revokation has been sought under Art. 240, para. 1 , or a claim could have 
been lodged, or has been lodged under Art. 240, para. 2 .
 
Revocation at the request of a third party  
Art. 304. Revocation of the judgement may also be sought by the person, against whom the 
judgement has effect, even though said person was not a party to the case ( Art. 216, Para.2 ).
 
Term for revocation  
Art. 305. (1) (prev. text of Art. 305 – SG 42/09) The request for revocation shall be filed within 
three months, counted from the day:
1. on which the new circumstance became known to the applicant, or on which the applicant could 
have obtained the new written evidence – in the cases of Art. 303, Para 1, item 1 .
2. on which the judgement became effective, or the sentence became known, but not later than one 
year from it becoming effective – in the cases of Art. 303, Para 1, item 2 ;
3. on which the act of revocation became known, but not later than one year from it becoming 
effective - in the cases of Art. 303, Para 1, item 3 ;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.4. on which the latest judgement became effective – in the cases of Art. 303, Para 1, item 4
5. (amend. – SG 50/08, in force from 01.03.2008) on which the judgement became known – in the 
cases of Art. 303, Para 1, items 5 and 6  and of Art. 304.
(2) (new – SG 42/09) In the cases of Art. 303, Para 1, Item 7 , the request for revocation shall be 
filed within 6 months from the day, in which the judgement of the European Court of Human Rights has 
become final.
 
Content of the request for revocation  
Art. 306. (1) The request for revocation shall meet the requirements of Art. 260 and 261, and shall 
contain an exact and reasoned statement of the grounds for revocation. If the request does not meet these 
requirements, the party shall be notified to remove the defects within one week term.
(2) Where the irregularities of the request have not been removed in time, the provisions of Art. 
286 shall apply.
(3) The request shall be submitted through the first instance court. To the request a copy shall be 
enclosed, which shall be served on the opposite party. The opposite party may give a reply within one week 
from receipt of the copy.
 
Consideration and resolution on the request for revocation  
Art. 307. (1) On the admissibility of the request for revocation the Supreme Court of Cassation 
shall rule at a closed session.
(2) The request for revocation shall be considered by the Supreme Court of Cassation at an open 
session, where the parties shall be heard and the needed evidence shall be taken. Where revocation of 
judgement of the Supreme Court of Cassation is sought, the request shall be examined by another three-
member panel of the Supreme Court of Cassation.
(3) If the request is judged to be well founded, the Supreme Court of Cassation shall set aside, in 
whole or in part, the judgement and refer the case back to the appropriate court by another panel, indicating 
where to start the new hearing.
(4) In the case of Art. 303, Para 1, item 4 , the court shall revoke the incorrect judgement.
 
New hearing of the case  
Art. 308. The general rules shall apply during the re-examination of the case, whose judgement has 
been revoked.
 
Suspension of enforcement  
Art. 309. (1) Filing a request for revocation shall not stop the enforcement of the judgement. At the 
request of the party, the court may suspend enforcement under the conditions of Art. 282, para. 2 - 6 .
(2) Should the judgement be revoked, the enforcement thereof shall be suspended. If the new 
judgement is different from the previous one, the provision of Art. 245, para. 3 , sentence two shall apply 
accordingly.
 
Part three.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.SPECIAL CLAIM PROCEDURES  
Chapter twenty five.  
SUMMARY PROCEEDING  
Field of application  
Art. 310. (Previous text of Article 310 - SG 100/10, in force from 21.12.2010)  Under the procedure 
of this chapter, the following claims shall be heard:
1. for labour remuneration, for acknowledgement of the dismissal as unlawful and its revocation; 
for restoration to a previous job; for reimbursement for the time, for which the worker stayed without work 
due to the dismissal, and for correction of the ground for dismissal, entered in the labour book or other 
documents;
2. to empty rented or hired premises for various purposes;
3. for establishing and preventing the violation of rights under the Copyright and Related Rights 
Act, the Patents and Registration of Utility Models Act , the Trademarks and Geographical Indications 
Act, the Industrial Design Act , the Topology of the Integrated Circuits Act  and the Protection of New 
Plant Varieties and Animal Breeds Act ;
4. for establishing and stopping the violation of rights under the Consumer Protection Act ;
5. (new – SG 42/09; amend. – SG 82/09; revoked – SG 100/10, in force from 21. 12. 2010)
6. (prev. text of Item 05 – SG 42/09) other claims, whose hearing in a summary proceeding is 
stipulated by a law.
(2) (New – SG 100/10, in force from 21.12. 2010) In objective joinder of one claim provided for in 
paragraph 1, with another claim which is subject to hearing under the general claim procedure, summary 
proceedings shall not be admissible.
(3) (New - SG 100/10, in force from 21.12.2010) Upon joinder in one claim motion of a claim from 
the ones referred to in para. 1 with a claim subject to review under the general claim procedure, summary 
proceedings shall not be admissible.
 
Verifying the claim motion  
Art. 311. (1) On the day of filing the claim motion, the court shall conduct a check of its validity 
and if the claim is admissible.
(2) The court shall give instructions to the claimant to supplement it, to make more concrete 
statements, to remove contradictions in them, if they are unclear, incomplete or inaccurate.
 
Preparation of the case in closed session  
Art. 312. (1) On the day of receipt of the defendant's reply or at the end of the term therefor, the 
court, in closed session, shall:
1. schedule the case for a date not later than three weeks;
2. prepare a written report on the case;
3. invite the parties to a settlement and explain to them the advantages of the various means of 
voluntary settlement of the dispute;
4. pronounce on the evidence requests, thereby allowing the evidence that is relevant, permissible 
and necessary;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.5. determine the amount and the time limit for the submission of costs for collecting evidence.
(2) The court shall serve on the parties a copy of the decree, and on the claimant – also of the 
written reply and the evidence thereto, whereby instructing them to state an opinion concerning the given 
instructions and the report on the case, and to undertake the relevant proceedings within one-week term, as 
well as about the consequences of the failure to perform the instructions.
(3) On the timely requests made in relation to the instructions and the report on the case, the court 
shall pronounce on the day of their receipt. Disposition of requests shall be communicated to the parties.
 
Consequences of failure to perform the instructions  
Art. 313. Where in the established term the parties fail to perform the instructions of the court, they 
shall no longer be able to do this later, except when non-performance is a result of special unforeseen 
circumstances.
 
Joinder of claims  
Art. 314. (1) The claimant may, in his opinion on the court’s report – and the defendant - in his 
reply, ask the court to rule on the existence or non-existence of a disputed relationship on which the outcome 
of the case depends wholly or in part.
(2) In the course of these proceedings, no counter-claims may be brought, no third parties attracted 
and no claims against them brought.
(3) There shall be no objections admissible on ownership and improvements made in the property 
for claims for the disposal of hired and rented premises.
 
Hearing of the case  
Art. 315. (1) At the court session for hearing the case, the court shall invite the parties again to 
reach a settlement, and if such is not achieved, shall collect the presented evidence and hear the verbal 
contest.
(2) At the same session, the court shall set the day, on which it shall announce its judgement, from 
which day the period to appeal it shall start.
 
Term for pronouncement of the court judgement  
Art. 316. The court shall announce its decision and the grounds thereof within two weeks after the 
hearing, in which the case was closed.
 
Applicability of rules to the court of appeal  
Art. 317. The rules of this Chapter shall apply accordingly to the proceedings before the court of 
appeal.
 
Chapter twenty six.  
PROCEDURE ON MATRIMONIAL LAWSUITS  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Matrimonial claims  
Art. 318. Under the procedure of this Chapter, the claims for divorce, marriage annulment and 
establishing the existence or non-existence of matrimony between the parties shall be considered.
 
Special ability  
Art. 319. The under-age spouses and spouses placed under limited disability may lodge 
matrimonial claims on their own, and defend them.
 
Divorce during the pregnancy of the wife  
Art. 320. Proceedings on matrimonial claim shall be suspended upon the request of the wife, if she 
is pregnant, and until the child attains 12 moths of age.
 
Hearing of the case  
Art. 321. (1) At the first session of the case hearing on a divorce claim, the parties shall appear in 
person. Should the claimant fail to appear without valid reasons, the proceedings shall be terminated.
(2) After the preliminary maters are decided and these on the validity of the claim motion, the court 
shall be obliged to instruct the parties again towards mediation or another way of amicable settlement of the 
dispute.
(3) If the parties achieve consent for starting mediation or another way of amicable settlement of 
the dispute, the case shall be suspended.
(4) Each party may request that the proceedings be resumed within 6 months.  If such a request is 
not made, the case shall be terminated .
(5) Where an agreement is reached and depending on its content, the lawsuit shall be either 
terminated or transferred into a procedure of divorce upon mutual consent.
(6) If the parties do not achieve consent on a procedure of mediation or of another way of amicable 
settlement of the dispute, hearing of the case shall be continued.
 
Exhaustiveness of grounds  
Art. 322. (1) In a divorce claim, the claimant must provide all grounds for the deep and irreparable 
marriage disorder. Any reasons not mentioned, which have occurred and become known to the spouse until 
the conclusion of verbal contest, can not serve as a basis for bringing a new claim for divorce.
(2) All matrimonial claims may be joined together. With them, it shall be mandatory to lodge and 
hear the claims for parental custody, personal relations and support of children, the use of the family 
housing, maintenance between spouses, and the family name.
(3) The provisions of Para 1 and 2 shall apply to the defendant as well, for the claims which he 
could have submited.
(4) No claim for marriage annulment may be lodged due to violation of the age conditions under 
Art. 12 and due to threats under Art. 96, para. 1, item 2 of the Family Code  after the divorce claim has 
been rejected.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Temporary measures  
Art. 323. (1) At the request of either party, the court, before which the divorce claim or marriage 
annulment is brought, shall determine temporary measures relating to maintenance, family housing and the 
use of property acquired during marriage, as well as childcare and support.
(2) On this request, the court shall rule at the requesting session, unless additional evidence is 
required to be gathered. In this case, a new hearing shall be scheduled within two weeks.
(3) The determination under para. 1 shall not be subject to appeal, but may be amended by the same 
court.
 
Judgement on matrimonial claims  
Art. 324. On matrimonial claims, judgements in absentia and in recognition of the claim shall not 
be pronounced.
 
Entry in force of the divorce judgement  
Art. 325. The divorce judgement shall enter into force, even if it has been appealed only in its part 
concerning the blame.
 
Family name after the divorce  
Art. 326. I n the judgement where the divorce is granted, the court shall also settle the matter of the 
family name  which the spouses will bear in the future.
 
Continuation of the case upon death of the claimant  
Art. 327. (1) (Amend. - SG 47/09, in force from 01.10.2009) Where the spouse-claimant has died 
and the divorce action is based on the fault of the surviving spouse, the court shall give two weeks term to 
the descendants called to inheritance or to the parents to state whether they wish to continue the case. This 
rule shall also apply to a claim for marriage annulment, if the surviving spouse has acted dishonestly.
(2) If, within the given period, no one declares that he wishes to continue the case, it shall be 
terminated. The case shall also be discontinued, if the divorce action is not based on the blame of the 
surviving spouse, or if, in an action for marriage annulment, he was acting in good faith.
(3) Upon the continuation of the case, the court shall rule only on the guilty conduct of the 
surviving spouse as grounds indicated by the deceased spouse for the termination of the marriage.
 
Continuation of the case upon death of the defendant  
Art. 328. In the event of death of the defendant, the continuation of the case by the persons under 
Art. 327 shall be possible, if the submitted claim is in connection with Art. 13 of the Family Code , and the 
claimant has not been acting in good faith at the moment of concluding the matrimony.
 
Expenses on the case  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 329. (1) Costs to do with matrimonial cases shall be awarded to the guilty spouse or the spouse 
who has acted in good faith. Where there is no fault or bad faith, or where both spouses are guilty or acting 
in bad faith, the costs shall remain at the expense of each of them as they have incurred them.
(2) In case of rejection of the divorce claim, the costs shall be determined by the order of Art. 78. 
The costs shall also be determined by the same order in appeal proceedings.
 
Divorce by mutual consent  
Art. 330. (1) Upon request for divorce by mutual consent, the spouses shall appear in person at the 
hearing.
(2) Where one of the spouses fails to appear without a valid reason, the case shall be terminated.
(3) After being satisfied that the consent of the spouses to divorce is serious and unwavering, and 
after considering that the agreement reached under Art. 101 of the Family Code  is not contrary to the law 
and is in the interest of the children, the court shall grant the divorce and confirm the agreement by 
judgement.
(4) The examination of the claim shall be deferred only if it is necessary to collect additional 
evidence.
(5) The judgement granting the divorce by mutual consent shall not be subject to appeal.
 
Chapter twenty seven.  
PROCEEDINGS IN CIVIL STATUS CASES  
Applicable regulations  
Art. 331. (1) Under the procedure of this Chapter shall be considered the claims for finding or 
contesting origin, as well as the claims for termination of adoption.
(2) To the claims under Para 1, Art. 319 and 327 shall be applied accordingly with regard to the 
continuation of the case by the adoptive parent's heirs to establish its merits.
 
Joinder of claims for alimony  
Art. 332. (1) To the claim for finding fatherhood or motherhood a claim for alimony of the child 
may be joined, whereas temporary alimony on these cases cannot be awarded.
(2) To the claim for termination of adoption, a claim for compensation of the adopted person who 
has contributed to increase the property status of the adopting parent may be joined. This claim may be 
lodged as a counter-claim as well.
 
Obligation to assist  
Art. 333. (1) The parties to a case for origin shall be obliged to provide assistance at the drafting of 
the conclusion by the expert, except where the test is associated with a serious or prolonged danger to their 
life or health.
(2) The court shall rule on the refusal to assist by a determination which shall be subject to a 
separate appeal. Where the refusal is lawful, the court shall determine another method for analysing the 
origin, which method is not connected to the stated danger.
(3) In order to obtain samples through methods which do not harm the physical integrity of a 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.person, the court shall order, if necessary, the implementation of appropriate coercive measures.
(4) If evidence cannot be collected in accordance with para. 1-3, the court may order the taking of 
the necessary post-mortem samples, except in cases where this is prohibited by law.
 
Judgement on civil status claim  
Art. 334. On civil status claims shall not be pronounced judgements in absentia and in the 
recognition of the claim.
 
Termination of proceedings upon death of the child  
Art. 335. In paternity proceedings, proceedings shall be terminated upon death of the child.
 
Chapter twenty eight.  
PLACING UNDER JUDICIAL DISABILITY  
Initiation of the proceedings  
Art. 336. (1) Placing a person under full or limited legal disability can be requested with a claim by 
the spouse, close relatives, the prosecutor, and anyone with a legitimate interest in it.
(2) In the proceedings under para. 1, the participation of the prosecutor shall be obligatory.
 
Personal impression of the person  
Art. 337. (1) The person, whose disability is requested, shall be questioned in person and, if 
necessary, shall be escorted by force. Where the person is in a medical establishment and his state of health 
does not allow him to be brought in court in person, the court shall be obliged to acquire immediate 
impression of his condition.
(2) If, after the questioning, the court deems it necessary, it shall appoint the person under para. 1 a 
temporary guardian to take care of his personal and property interests.
 
Hearing the claim  
Art. 338. (1) The court shall pronounce on the motion after questioning the person, whose placing 
under legal disability is requested, and his close relatives. If this proves insufficient, the court shall start to 
collect other evidence and hear experts.
(2) Where the person is in a medical establishment, the court shall require information of his status.
(3) After the decision by which the person is placed under disability enters into effect, the court 
shall notify of that the body of guardianship or of trusteeship, in order to establish guardianship or 
trusteeship.
(4) The claimant shall not be entitled to expenses in the procedure for placing under disability. If 
the claim is denied, the claimant shall owe the defendant the expenses made by him in connection with the 
case.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Judgement on a claim for placing under disability  
Art. 339. On a placing under disability claim, no judgement in absentia shall be pronounced, as 
well as judgment in recognition of claim.
 
Revocation of disability  
Art. 340. (1) Provisions of this Chapter shall apply also to the revocation of the disability.
(2) (suppl. – SG 86/17) Revocation of disability may also be requested by the guardianship and 
trusteeship body, or by the guardian, as well as independently by the person under a limited disability.
 
Chapter twenty nine.  
COURT PARTITION  
Initiation of the proceedings  
Art. 341. (1) A co-heir who desires partition shall submit to the regional court a written motion to 
which he encloses:
1. certificate of death of the legator and his heirs;
2. a certificate or other written proof of the estate;
3. copies of the request and the attachments for the other co-heirs.
(2) Each of the other co-heirs may, at the first session of the case, ask with a written request that 
other properties be included in the estate.
 
First session  
Art. 342. At the first session, each of the heirs may object against the right of some of them to 
participate in the partition, against the size of his share, as well as against the including of some properties 
into the estate.
 
Questions referred for a preliminary ruling  
Art. 343. Disputes concerning the origin, the adoptions, the wills and the authenticity of written 
evidence, as well as requests for decreasing testamentary orders and donations, shall be considered in the 
proceedings for partition.
 
Decision to allow partition  
Art. 344. (1) In the decision where partition is allowed, the court shall rule on the issues regarding 
partition between which persons, and for what property, as well as what is the part of each co-heir. Where 
partition of chattels is allowed, the court shall also rule on which of the co-beneficiaries holds them.
(2) In the decision under para. 1, or later, if all heirs do not use the estate in accordance with their 
rights, the court, at the request of one of them, shall determine which of the heirs will benefit from which 
property until the final partition is made, or what amounts must be paid between heirs against the use 
thereof.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(3) The determination under para. 2 may be modified by the same court. It may also be appealed 
through a private appeal.
 
Exclusion of properties from partition  
Art. 345. Where the estate has properties owned by the legator in co-ownership with third parties, 
such property shall be excluded from the divisible estate, if there is no partition made between the heirs on 
the one side, and the third parties on the other, prior to the drafting of the partition protocol.
 
Requests for accounts  
Art. 346.At the first session after partition has been allowed, the heirs may submit requests for 
accounts between themselves, whereby providing evidence thereof.
 
Partition protocol  
Art. 347. The court shall draft the partition protocol on the basis of the conclusion of an expert, 
whereby observing the rules of the Inheritance Act.
 
Holding a public sale  
Art. 348. Where partition cannot be done on an estate and the latter cannot be placed in one of the 
lots, the court shall order it to be put for a public auction. The parties in the partition may participate in the 
bidding at the public sale.
 
Award undividable home  
Art. 349. (1) If the undividable estate is a home which has been matrimonial property, terminated 
by the death of one of the spouses or by a divorce, and the living spouse or the former spouse, to whom the 
parental rights have been awarded with regard to the children from the marriage, does not own a home of 
their own, the court may, upon his request, award it into his/her part, and shall adjust the parts of the co-
beneficiaries by other estates, or in money.
(2) Where the undividable property is a home, each of the co-beneficiaries who was living in it at 
the time of opening of the inheritance and does not own a home of their own, may request that it be awarded 
into his part, and the parts of the other co-beneficiaries be adjusted by other estate or in money. Where 
several co-beneficiaries who meet the requirements of Sentence One submit requests for awarding the estate 
into their part, this one who offers higher price shall be preferred.
(3) For the receivables for adjustment of the parts, the interested persons may establish an ex-lege 
mortgage.
(4) The request for awarding may be done, at the latest, at the first session after the decision under 
Art. 344, Para 1  to admit the partition becomes effective. The estate shall be evaluated at its actual price.
(5) Where the adjustment is in money, it, together with the ex-lege interest shall be paid within 6 
months term from the decision for awarding becomes effective.
(6) The co-beneficiary, in whose share the real estate is allocated under the order of Para 1 and 2, 
shall become its owner after paying within the term under Para 5 the defined adjustment in money together 
with the ex-lege interest. If the adjustment is not paid within this period, the decision for assignment shall 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.become void ex-lege and the real estate shall be declared for public sale. The real estate may not be declared  
for public sale and be assigned to another co-owner who meets the requirements under Para 2, if he has 
made a request for assignment under Para 4, if he pays immediately the price by which the real estate has 
been assessed, reduced by the value of his share in it. The obtained sum shall be distributed among the 
remaining co-beneficiary according to their quotas.
 
Final partition protocol.  
Art. 350. After having prepared the draft of the partition protocol, the court shall summon the 
parties in order to present it to them, and shall hear their objections with regard to it. After that, the court 
shall draw up and announce the final partition protocol.
 
Appeal of the decisions  
Art. 351. The decisions under Art. 346, 348, 349 and 350 shall be subject to appeal by a common 
complaint within the term for appeal of the latest decision.
 
Drawing lots  
Art. 352. After the decision on the partition protocol enters into force, the court shall summon the 
parties to draw lots.
 
Distribution of the estate  
Art. 353. The court may execute the partition by distributing the inheritance estate between the co-
beneficiaries, without drawing lots, when the constitution of shares and the drawing of lots proves to be 
impossible or very inconvenient.
 
Buying out by co-beneficiaries  
Art. 354. (1) Where the property is declared for public sale as undividable, each of the co-
beneficiaries in the partition may buy it out under the conditions of Art. 505, Para 2 .
(2) If some of the co-beneficiaries wish to buy the property under the conditions of Para 1, a new 
sale shall be held only between them at an initial price - the highest offered at the first sale. It shall continue 
for seven days and shall be carried out by the general rules.
(3) If, during this sale under Para. 2, none of the co-beneficiaries buys the property, it shall be 
awarded to the bidder - a third person to the partition, who has offered the highest price at the first sale.
 
Expenses for the procedure  
Art. 355. The parties shall pay the expenses in accordance with their shares. On the joined claims in 
the partition procedure, the expenses shall be determined under Art. 78.
 
Chapter thirty.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.PROTECTION AND REINSTATEMENT OF IMPAIRED OWNERSHIP  
Jurisdiction by kind  
Art. 356.The claims for protection and reinstatement of impaired ownership ( Art. 75 and 76 of the 
Ownership Act ) shall be within the jurisdiction of the regional court as a first instance.
 
Establishing the fact of possession  
Art. 357 (1) In these cases, the court shall only verify the fact of the possession and of the violation 
thereof.
(2) The documents certifying the right of ownership shall be taken into account only insofar as they 
establish the fact of the possession.
 
Verification for lawfulness  
Art. 358. Where possession has been taken away by order or with the assistance of a bailiff or 
another state body, the court shall verify the lawfulness of the order, respectively of the executed 
proceedings, regardless of whether they are subject to appeal or they have been appealed.
 
Inadmissibility in submitted claim for ownership  
Art. 359. A person who has claimed ownership of an immovable property cannot bring an action 
for ownership against the same defendant for the same property while the property case is pending, unless 
possession is withdrawn after the claim has been filed, by force or in a concealed way.
 
Fine for the offender  
Art. 360. Where possession or holding has been withdrawn by force or in a concealed way ( art. 76 
of the Ownership Act ), the court may impose a fine on the offender of up to 1 000 BGN.
 
Preliminary enforcement  
Art. 361. The decision on the transfer of the property shall be subject to prior enforcement and 
cannot be suspended.
 
Chapter thirty one.  
PROCEDURE FOR THE CONCLUSION OF A FINAL CONTRACT  
Declaring the contract final in the event of counter-obligation  
Art. 362. (1) In a claim under Art. 19, para. 3 of the Obligations and Contracts Act , if, 
according to the preliminary contract, the claimant has to fulfill his counter-obligation upon the conclusion 
of the final contract, the court shall rule with a decision which replaces the final contract, provided that the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.claimant fulfills its obligation. In this case, the claimant must fulfill his obligation within two weeks of the 
entry into force of the decision, including by offsetting the debts towards the state he has paid on behalf of 
the defendant.
(2) If, within the term under para. 1, the claimant has failed to fulfill his obligation, the court of first 
instance shall, at the request of the defendant, invalidate the decision.
 
Verifying ownership  
Art. 363. Where the obligation is for transfer of right of ownership over a real estate, the court shall 
verify the prerequisites for transfer of ownership under a notary procedure appear, including whether the 
transferor is the owner of the estate.
 
Fees and expenses  
Art. 364. (1) By its decision, the court shall award the claimant the obligation to pay the state the 
arising expenses on the transfer of the property, and shall order to impose injunction on the property until 
the expenses have been paid.
(2) (Suppl. – SG 50/08, in force from 01.03.2008) The court shall issue a copy of the decision only 
after the claimant has proved that the costs of the transfer and the taxes and fees due on the property have 
been paid.
 
Chapter thirty two.  
PROCEEDINGS ON TRADE DISPUTES  
Applicable provisions  
Art. 365. Under the procedure of this Chapter, the district court as a court of first instance shall hear 
claims which have as a subject matter any right or legal relationship, arising or relating to:
1. any trade transaction, including the concluding, interpretation, the validity, performance, failure 
to perform or its termination, the consequences of its termination, as well as filling deficiency in a trade 
transaction or its adapting to newly arose circumstances;
2. (amend. – SG 45/12, in force from 01.01.2013, amend. – SG 96/17, in force from 02.01.2018) 
privatisation contract, public procurement contract and concession contract;
3. participation in a trade company or another legal person – trader, as well as for finding 
inadmissibility or voidness of the entry or for non-existence of a circumstance, entered the trade register;
4. establishing the insolvency mass, including the ascertaining claims of the creditors;
5. cartel agreements, decisions and co-ordinated practices, concentration of economic activity, 
unfair competition and abuse of monopoly or dominant market position.
 
Attachments to the claim motion  
Art. 366. To the claim motion for monetary receivables, the party shall be obliged to submit a 
report containing the necessary calculations to determine its amount.
 
Reply to the claim motion  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 367. (1) After the court accepts the claim motion, the court shall send a copy of it together with 
the attachments to the defendant, whom the court instructs to submit a written reply within two weeks , 
points the obligatory content of the reply, and the consequences of failure to submit a reply or of non-
exercising rights.
(2) The written reoly of the defendant shall contain:
1. indication of the court and the number of the case;
2. the name and the address of the defendant, as well as of his ex-lege representative or lawyer, if 
such exist;
3. an opinion on the admissibility and merits of the claim;
4. an opinion on the circumstances on which the claim is based;
5. the objections to the claim and the circumstances on which they are based
6. signature of the person who submits the reply.
(3) In the reply to the claim, the defendant shall be obliged to state precisely the evidence and the 
specific circumstances to be proved with them, as well as to submit all written evidence currently at his 
disposal.
(4) Within the time limit for reply, the defendant may bring a counter-claim, may attract third 
parties and bring claims against them.
 
Attachments to the reply  
Art. 368. To the reply shall be presented copies of the reply and the attachments thereto according 
to the number of claimants.
 
Objection for hearing under the general procedure  
Art. 369. (1) The objection that the dispute is not subject to review under this Chapter may be made 
only by the defendant within the reply to the claim at the latest, or be raised by the court of its own motion 
within the same time limit.
(2) A private complaint may be lodged against the order that the dispute is subject to review under 
the general order.
 
Consequences of non-submission of a rejoinder  
Art. 370. (suppl. – SG 50/08, in force from 01.03.2008) Where, within the established time limit, 
the defendant fails to make a written reply, does not state an opinion, does not make objection, does not 
contest the veracity of a document submitted, does not provide evidence or does not present written 
evidence, he shall lose the opportunity to do this later, unless the omission is due to special unforeseen 
circumstances.
 
Objection to set-off after the time for reply  
Art. 371. An objection to set-off may be made before the end of the court investigation at the first 
instance, where no new evidence is required to substantiate it, or until the end of the court investigation at 
the appellate instance, where its existence or non-challenge has been established by an enforceable judicial 
decision or enforcement order.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Additional claim motion  
Art. 372. (1) After the court accepts the reply, it shall send a copy of it together with the 
attachments to the claimant who, within two-weeks term, may submit an additional claim motion.
(2) In the additional claim motion, the claimant may clarify and supplement the initial one. Within 
the term of the additional claim motion, he may amend the submitted claim to include third persons and 
submit claims against them, to require from the court to pronounce by the decision itself on the existence or 
non-existence of a legal relationship contested in the reply, on which depends - partially or fully - the 
settlement of the lawsuit, as well as to point and present new evidence which he could not have pointed and 
presented with the claim motion.
 
Additional rejoinder  
Art. 373. (1) After the court accepts the additional claim motion, the court shall forward a copy 
together with the attachments to the defendant who may, within two weeks, submit a rejoinder.
(2) In the additional rejoinder, the defendant shall be obliged to give a rejoinder to the additional 
claim motion. Within the term for the additional rejoinder, he may require from the court to pronounce by 
the decision itself on the existence or non-existence of a legal relationship contested in the additional claim 
motion, on which depends - partially or fully - the settlement of the lawsuit, as well as to point and present 
new evidence which he could not have pointed and presented with the rejoinder.
 
Preparation of the case at a closed session  
Art. 374. (1) After the court checks the validity of the exchanged papers and the admissibility of the 
submitted claims, including their price, as well as the other requests and objections of the parties, it shall 
pronounce by a ruling on all the preliminary matters and on the admission of evidence. The court may also 
pronounce on the admission of some of the evidence during an open session only if it considers it necessary 
to hear the verbal explanations of the parties.
(2) The court shall try the case at an open session and shall send to the claimant the additional 
rejoinder. The court shall notify the parties of its ruling under Para 1. The court may notify them of the draft 
of the report on the lawsuit, as well as to instruct them for a mediation procedure or of another way of 
amicable settlement of the dispute.
 
Hearing the case at an open session  
Art. 375. (1) At the open session, the court shall make a verbal report, shall give instructions to the 
parties and shall provide the opportunity to state their opinion regarding the report on the lawsuit and the 
given instructions, as well as to undertake the proceedings desired by them, after which the court shall take 
the admitted evidence and hear the verbal contest.
(2) In case of factual and legal intricacy of the case, the court may determine a term for each of the 
parties to present their written defence or a replication.
 
Hearing the case at a closed session  
Art. 376. (1) Where, by the exchange of papers, all evidence has been submitted and if the court 
agrees that hearing the parties is not needed, it may hear the case at a closed session, whereby giving the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.parties the opportunity to present their written defence and replications.
(2) The court shall examine and adjudicate the case in a closed session when the parties so request.
(3) The court shall set the day on which it shall pronounce the decision, from which day the term to 
appeal shall run.
 
Applicability of the general rules  
Art. 377. As far as there are no special rules for the procedure on trade lawsuits, the general rules of 
the procedure before court of first instance shall apply.
 
Applicability of the rules before the court of appeal  
Art. 378. The rules of this Chapter shall also apply respectively to the procedure before the court of 
appeal.
 
Chapter thirty three.  
PROCEDURE ON COLLECTIVE CLAIMS  
Collective claims  
Art. 379. (1) Collective claim may be brought on behalf of persons injured by an offence, where, 
according to the nature of the violation, the number of these persons cannot be precisely defined but is 
determinable.
(2) Persons who claim to be injured by a violation under para. 1 or an organization for the 
protection of injured parties or for protection against such violations, may bring on behalf of any and all 
injured parties a claim against the offender to establish the damaging action or inaction, its unlawfulness and 
the guilt.
(3) Persons claiming their collective interest is damaged or threatened by an offense under para. 1, 
or organizations for the protection of injured parties, of damaged collective interest, or for the protection 
against such violations, may bring on behalf of any injured party a claim against the offender for the 
cessation of the offense, for the correction of the consequences of the violation of the damaged collective 
interest, or for indemnification for the damage caused to that interest.
 
Submission of collective claims  
Art. 380. (1) Collective claims shall be heard by the district court as a court of first instance, 
following the procedure of this Chapter.
(2) In the claim motion, together with the circumstances which the collective claim is based on, 
shall be stated the circumstances which determine the circle of the persons damaged and the way in which 
the claim shall be announced shall be stated.
(3) To the claim motion shall be presented evidence for the ability of the claimant seriously and in 
good faith to defend the damaged interest, as well as to bear the burdens connected with the carrying out the 
lawsuit, including the expenses.
 
Verification of the conditions for bringing a collective claim  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 381. (1) After the check of the admissibility of the submitted claim and the validity of the 
claim motion, the court ex-officio shall verify the ability of the person or of the persons who submitted the 
claim to defend seriously and in good faith the damaged interest, and to bear the burden of connecting the 
case, including costs.
(2) The court may hear the person or the persons who submitted the claim at an open session.
(3) The court shall not allow the hearing of the case if none of the claimants meet the conditions of 
para. 1 and if all together do not meet these conditions .
(4) The ruling of the court by which hearing of the case is not allowed shall be subject to appeal by 
a private complaint.
 
Preparation of the case to be heard  
Art. 382. (1) At an open session with summoning the parties, the court shall hear the opinions of 
the parties on the circumstances which determine the circle of persons damaged, and the way in which the 
claim shall be announced.
(2) The court shall determine:
1. appropriate way to announce the submission of the claim – the number of the notifications, in 
which media outlets, and how long the announcement should be made for;
2. appropriate term after the announcement, in which the injured parties may declare that they will 
participate in the procedure or will carry out their defence on their own.
(3) The ruling shall be subject to appeal by a private complaint.
 
Accepting new participants and excluding from participation  
Art. 383. (1) At a closed session, the court:
1. shall accept as participants in the proceedings other injured parties, organisations for the 
protection of injured parties, of damaged collective interest, or for protection against such violence, who, 
within the determined term, have declared their wish to participate in the procedure;
2. shall exclude the injured parties who, within the determined term, have declared that they will 
carry out the defence on their own in a separate procedure.
(2) The ruling by which acceptation of new participants or excluding from participation is refused 
shall be subject to appeal by a private complaint.
(3) The court shall issue a copy of the ruling on excluding the persons who, within the established 
term, have declared that they will carry out the defence on their own in a separate procedure.
 
Agreement for amicable settlement of the dispute  
Art. 384. (1) The court shall instruct the parties to conclude an agreement and shall clarify to them 
the advantages of amicable settlement of the dispute.
(2) The court shall approve the achieved agreement, reconciliation or another type of agreement for 
partial or full settlement of the dispute, if it does not contradict the law and the good morals, and if the 
measures included in it can sufficiently protect the injured interest.
(3) The agreement on settling the dispute shall have effect only after its approval by the court.
 
Measures for protection of the damaged interest  
Art. 385. (1) The court may sue the defendant to perform a definite action, not to perform a definite 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.action or to pay a definite amount.
(2) Upon request of the claimant, the court, before which the claim is filed, may determine 
appropriate preliminary measures to protect the damaged interest. The ruling may be amended or revoked by 
the same court as a result of change of the circumstances, mistake or omission.
(3) The ruling shall be subject to an appellate and cassation appeal, not depending on the 
prerequisites for admission of cassation appeal under Art. 280, Para 1 . The appeal of the ruling shall not 
suspend its execution, unless the court on the complaint rules otherwise.
(4) When judgment is pronounced, the court shall not be bound by the protection measures put 
forward by the claimant. In view of the particular circumstances of the case, and taking into account the 
defendant's opinion, the court may pronounce other measures that provide appropriate protection for the 
injured party.
 
Judgement on the collective claim  
Art. 386. (1) The judgmeent of a court shall have effect for the offender, the person or persons who 
have brought the claim, as well as for those persons claiming to have been injured by the established 
violation and have not stated that they wish to assert their defense independently in a separate proceeding. 
Excluded persons may benefit from the judgment by which the collective claim is respected.
(2) A list of excluded persons shall be attached to the court's judgment.
(3) The judgement shall be subject to appeal and to cassation appeal, regardless of the prerequisites 
for admission of the cassation appeal under Art. 280, para. 1 .
(4) The judgement on a collective claim shall not be revoked under Art. 304.
 
Disposal with the compensation  
Art. 387. (1) The court may pronounce compensation to be deposited onto the account of one of the 
persons who submitted the claim, onto a special account for common disposal of the persons who submitted 
the claim, or onto a special account for common disposal of the injured parties.
(2) After judgement is pronunced, the court may may oblige the claimants to transfer the 
compensation onto a special account for common disposal by the injured parties, whereby taking appropriate 
measures to ensure that this obligation is fulfilled.
 
General Assembly and Committee of the injured parties  
Art. 388. (1) The court of first instance may convene a General Assembly of the injured parties by 
announcing the invitation in the manner in which the submission of the claim was announced. The General 
Assembly of the injured parties shall be conducted by the judge and may take decisions, if at least 6 injured 
parties appear.
(2) The General Assembly shall elect a Committee which shall dispose with the funds in the special 
account, and may take decisions for the activities which it assigns to the Committee to be done.
 
Part four.  
SECURITY PROCEDUIRE  
Chapter thirty four.  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.ADMISSION OF THE SECURITY  
Security of submitted claim  
Art. 389. (1) At any stage of the case, until the end of the court investigation, the claimant may 
require from the court before which the case is pending to admit security of the claim.
(2) Security may be admitted on all types of claims.
 
Security of a future claim  
Art. 390. (1) Security may be required also prior to filing the claim before the competent court as 
per the type of the claim at place of the residence of the claimant or at the location of the estate which will 
serve as security.
(2) (new – SG 42/09) For claims where the jurisdiction by kind is determined according to the tax 
evaluation of real estate, competent court shall be the regional court at the location of the real estate, 
regardless of the price of the claim.
(3) (prev. text of Para 02 – SG 42/09) In the case of Para 1, the court shall determine a term for 
lodging the claim which cannot be longer than one month. If evidence for the submission of the claim within 
the determined term is not present, the court shall ex-officio cancel the security.
(4) (prev. text of Para 03 – SG 42/09; amend. – SG 100/10, in force from 21.12. 2010) The motion 
for security of a future claim by suspending of contract execution shall be submitted before the competent 
court as per the type of the claim at the place of the execution. Suspension of the execution shall be admitted 
only against guarantee.
 
Prerequisites for admission of the security  
Art. 391. (1) Securing the claim shall be admissible if, without it, the claimant would find it 
impossible or very difficult to enforce the rights of the judgement, and if:
1. the claim is backed up by compelling written evidence, or
2. a security is provided in the amount determined by the court in accordance with Art. 180 and 
181 of the Contracts and Obligations Act .
(2) The court may oblige the claimant to present monetary or property guarantee in the amount 
determined by it also in the case of Para 1, item1.
(3) The amount of the guarantee shall be determined by the size of the direct and immediate 
damages which the defendant shall suffer, if the security is unfounded.
(4) The State, the State institutions and the medical establishments under Art. 5, Para 1 of the 
Medical Establishments Act  shall be exempted from presenting guarantee.
(5) Security of the claim shall also be allowed when the case has been suspended.
 
Security of a claim for alimony  
Art. 392. On claims for alimony, security may be admitted without observing the requirements of 
Art. 391. In this case, the court may also take measures ex-officio for securing the claim.
 
Inadmissibility of the security  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 393. (1) (suppl. – SG 50/08, in force from 01.03.2008, suppl. – SG 86/17) Security of a claim 
for monetary receivable against the State, the State institutions, the municipalities and the medical 
establishments under Art. 5, Para 1 of the Medical Establishments Act , as well as on receivables of 
medical institutions from the National Health Insurance Fund, shall not be admitted.
(2) Security over a claim for monetary receivables on which enforcement is not admissible by way 
of imposing distraint shall not be admitted.
 
Partial security over a claim  
Art. 394. The court may allow the full amount of the claim to be secured or only for those parts 
which are supported by sufficient evidence.
 
Motion for admission of the security  
Art. 395. (1) In the motion for admission of security, the security measure and the price of the 
claim shall be stated. A copy shall not be served on the opposite party.
(2) The motion shall be decided at a closed session on the day of its submission.
(3) On the ground of the ruling by which the motion is recognised, the court shall issue distraint 
order. Where a guarantee is determined, the court shall issue the distraint order after it is deposed.
 
Appeal 
Art. 396. (1) The ruling of the court on the securing the claim may be appealed by a private 
complaint within one week term, which starts for the applicant from its serving, and for the defendant – 
from the day on which the notification of the imposed security measure was served by the bailiff, by the 
entries service or by the court in the cases of Art. 397, Para 1, item 3 .
(2) (suppl. – SG 100/10, in force fro 21.12.2010, suppl. – SG 86/17) Copy of the private complaint 
shall be served on the opposite party for a rejoinder within one week term. In event of appeal of a ruling, by 
which securing the claim is refused, a copy of the private complaint of the applicant, shall not be served on 
the defendant. In event that the appellation court admits securing the claim, its ruling shall be subject to 
appeal by a private complaint before the Supreme Cassation Court, if prerequisites under Art. 280. Para 1 
and Para. 2  exist.
(3) Ruling by which the security of the claim is admitted shall not be suspended, if appealed by a 
private complaint.
 
Chapter thirty five.  
SECURITY MEASURES  
Types of measures  
Art. 397. (1) The securing shall be realised:
1. by placing interdict on a real estate;
2. by distraint on movable objects and receivables of the debtor;
3. by other appropriate measures, determined by the court, including by stopping a vehicle from 
traffic or by suspension of the execution.
(2) The court may admit several types of securities up to the amount of the price of the claim under 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 69, Para 1 .
 
Replacement of the security  
Art. 398. (1) The court may, upon a request of one of the parties, and after it notifies the other party 
and takes into account its objections made within three days from the notification, allow a replacement of 
one type of security by another.
(2) In case of securing a claim rateable in money, the defendant may at any stage replace without 
the consent of the other party the security allowed by the court by a monetary pledge or in securities as per 
Art. 180 and 181 of the Obligations and Contracts Act . This shall not apply to security of claims for 
ownership.
(3) In the cases of Para 1 and 2, the distraint and the interdict shall be cancelled.
 
Consent on the object-site of the security  
Art. 399. If the claim is based on a contract where the property serving as security is stated, the 
security shall be established only for this property, except if it is not available, or has meanwhile been 
burdened by other encumbrances which make the security insufficient.
 
Imposing of the security measure  
Art. 400. (1) Distraint shall be imposed immediately by the bailiff upon request of the applicant on 
the base of the distraint order of the court as per Art. 449, Para 1 , Art. 450, Para 1 and 2 , Art. 507, Art. 
515, Art. 516 and Art. 517, and a notification instead of summon for voluntary execution shall be served on 
the defendant. In case of distraint over chattels, the bailiff shall make an inventory sheet, evaluation and 
handing over the chattels for keeping as per Art. 465 – 472 .
(2) Imposing of an interdict shall be done by way of entry of the security order of the court in the 
notary books. The entries service shall notify the defendant of the made entry.
 
Effect of the security measure  
Art. 401. The distraint and the interdict, imposed as a security of the claim, shall have the effects as 
provided in Art. 451 - 453 , Art. 456, Para 1 , Art. 508, 509 and Art. 512 - 514 . The secured creditor may 
submit a claim against the third obliged person for the amounts or the chattels they refuse to give 
voluntarily. In that case, the provisions of Art. 435, Para 4  and Art. 440 shall apply.
 
Revocation of the security  
Art. 402. (1) Revocation of the security shall be pronounced upon a request of the interested party. 
Copy of the motion shall be served on the person, on whose request the security is imposed. The person may 
submit objections within three days term
(2) In a closed session, the court shall revoke the security, having convinced itself that the reason, 
due to which the security was allowed, does not exist any more, or that the conditions of Art. 398, Para 2  
exist. The ruling of the court shall be subject to appeal by a private complaint.
(3) The lifting of the distraint, the striking off of the interdict, as well as the cancellation of the 
other security measures shall be carried out on the grounds of the effective ruling of the court.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Compensation for damages  
Art. 403. (1) If the claim, on which the security has been allowed, is denied or has not been filed 
within the term given to the claimant, or if the case is terminated, the defendant may demand from the 
claimant to pay him the damages caused as a result of the security.
(2) In the cases of Para 1, in order to release the presented guarantee, the interested person should 
file a motion with a copy for the defendant. The defendant may enter an objection against the release of the 
guarantee within a term of seven days from serving the motion, and within a term of one month he may file 
a claim for the damages caused to him. If within these terms the defendant fails to enter an objection and to 
file such a claim, the guarantee shall be released
 
Part five.  
EXECUTION PROCEDURE  
Division one.  
GENERAL PROVISIONS  
Chapter thirty six.  
ISSUANCE OF A WRIT OF EXECUTION  
Execution grounds  
Art. 404. Subject to enforcement shall be:
1. (suppl. - SG 8/17) the effective decisions and rulings of the courts, the suing decisions of the 
courts of appeal; writs of enforcement which are subject to or on which a preliminary and immediate 
execution is admitted, as well as the decisions and rulings of the arbitrary courts and the concluded before 
them agreements on arbitrary cases;
2. the decisions, the acts and the court-agreement protocols of the foreign courts, which shall be 
subject to execution on the territory of the Republic of Bulgaria without special procedure;
3. the decisions, the acts and the court-agreement protocols of the foreign courts, as well as the 
decisions of the foreign arbitrary courts and the concluded before them agreements on arbitrary cases, on 
which execution on the territory of the Republic of Bulgaria is admitted.
 
Procedure on issuance of writ of execution  
Art. 405. (1) Writ of execution shall be issued upon a written request on the ground of some of the 
acts envisaged in Art. 404. Copy of the request shall not be served on the debtor.
(2) The request on the ground of the acts under Art. 404, item 1  shall be submitted before the court 
of first instance which heard the lawsuit, or before the court who issued writ of enforcement, and if the act is 
subject to immediate enforcement – before the court which has pronounced the decision or the writ of 
enforcement.
(3) (amend. - SG 8/17) The request on the ground of the decisions of the local arbitrary courts and 
the concluded before them agreements on arbitrary cases shall be submitted before the district court, within 
which region is the permanent address or registered office of the debtor.
(4) The court on admission of the enforcement shall issue a writ of execution on the base of the acts 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.envisaged in Art. 404, items 2 and 3 . The writ of execution issued on the base of acts of Art. 404, item 3  
shall not be handed to the creditor, before the decision on admission enters into effect.
(5) (new - SG 8/17) The court shall refuse issuing a writ of execution based on void decisions 
within the meaning of Art. 47, Para. 2 of the International Commercial Arbitration Act .
(6) (prev. para. 5 - SG 8/17) For awarded amounts in favour of the State, the court shall issue ex-
officio a writ of execution.
(7) (prev. para. 6 - SG 8/17) The request on the base of the acts under Art. 404, item 1  shall be 
considered within 7-days term at a closed session by a judge from the respective court.
 
Decree for issuance of a writ of execution  
Art. 406. (1) The writ of execution shall be issued after the court verifies that the act is regular from 
the visible side and shall certify the receivable - subject to enforcement against the debtor.
(2) In the cases of Art. 404, items 2 and 3 , the court shall verify if the receivables may be executed 
by way of the Bulgarian legislation. If this is impossible, it shall rule a substitution execution, which can 
satisfy the creditor.
(3) For the issuance of the writ of execution the judge shall make a due note on the act.
(4) In the procedure on issuance of a writ of execution Art. 247, 250 and 251 shall apply.
 
Appeal of the decree to issue a writ of execution  
Art. 407. (1) The decree by which the request to issue a writ of execution is recognised or denied, 
partially or fully, may be appealed by a private complaint within a two weeks term, which shall start for the 
applicant from the handing of the decree, and for the defendant – from the handing of invitation for 
voluntary execution.
(2) The appeal of the decree, by which the application is recognised, shall not suspend the 
execution.
(3) Where the writ of execution is issued under the conditions of Art. 406, Para 2 , the decree shall 
be subject to appeal under the general procedure.
 
Original of the writ of execution  
Art. 408. (1) The writ of execution shall be issued in one copy, signed by a judge from the 
respective court.
(2) Where several separate estates shall be given or if the decision is pronounced in favour of or 
against several persons, separate writs of execution may be issued and an indication of which part of the 
decision will be executed shall be done on each of the writs of execution.
 
Duplicate of writ of execution  
Art. 409. (1) If the original of the writ of execution is lost or shredded, the court which has issued 
it, upon a written request of the applicant, shall issue a duplicate of it on the base of the act, on which the 
original was issued.
(2) The request shall be considered at an open session, after a copy of it is served on the debtor.
(3) The debtor may oppose, besides the lack of conditions of Para 1, objections for lapse of the debt 
on the base of circumstances occurred after its existence was ascertained.
(4) The pronounced decision shall be subject to appeal under the general procedure. After it 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.becomes effective, the debtor may not contest the existence of the debt on grounds, which he could submit 
within the procedure of issuance of the duplicate.
(5) If the act itself was lost or shredded and there is no possibility to recover its content through 
official documents, the applicant may submit a claim for suing the debtor.
 
Chapter thirty seven.  
WARRANT PROCEDURE  
Application for issuing of enforcement warrant  
Art. 410. (1) The applicant may request the issuance of enforcement warrant:
1. for receivables of monetary amounts or of fungibles, where the claim is subject of jurisdiction of 
the regional court;
2. for handing of a movable site, which the debtor has received with the obligation to give it back 
or is encumbered by a pledge, or is transferred by the debtor with the obligation to transmit the possession, if 
the claim is subject to jurisdiction of the regional court.
(2) (suppl. – SG 86/17) The application shall contain request for issuance of a writ of execution and 
shall meet the requirements of Art. 127, Para 1 and 3 , and Art. 128, items 1 and 2 . The application shall 
also include a bank account or other payment method.
(3) (New – SG 100/19) Where the receivable arises from a contract concluded with a consumer, the 
contract - if in writing - shall be attached to the application, together with all its annexes and amendments, as 
well as the applicable general conditions, if there are any.
 
Issuance of enforcement warrant  
Art. 411. (1) (amend. – SG 42/09; amend. - SG 50/15, suppl. – SG 86/17, amend. and suppl. – SG 
100/19) The application shall be submitted at the regional court at the permanent address or the seat of the 
debtor. W ithin three days,  the court shall perform ex officio  check of local jurisdiction. An application 
against a consumer shall be filed with that court, in whose area the person’s current address is, or in the 
absence of current address – as per his permanent one. Where the court  decides that the case is  not within its 
jurisdiction , it shall forward it immediately to  the competent court .
(2) (amend. - SG 50/15) The court shall consider the application in an administrating session and 
shall issue an enforcement warrant within the time limit under para 1, except when:
1. (suppl. – SG 86/17) the request does not meet the requirements of Art. 410 and the applicant 
does not remove the irregularities within three days of the announcement;
2. the request is in contradiction to the law or the good morals;
3. (new – SG 100/19) the request is based on an unfair clause in a contract concluded with a 
consumer or there is a reasonable probability thereof;
4. (previous item 3 – SG 100/19) the debtor has no permanent address or seat on the territory of the 
Republic of Bulgaria;
5. (previous item 4 – SG 100/19) the debtor has no common place of stay or place of activity on the 
territory of the Republic of Bulgaria;
(3) In case the application is recognised, the court shall issue enforcement warrant, a copy of which 
shall be served on the debtor.
 
Content of the enforcement warrant:  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 412. The enforcement warrant shall contain:
1. the title "enforcement warrant"
2. date and place of pronouncement;
3. name of the court and of the judge who pronounced the warrant;
4. the three names and addresses of the parties;
5. the case, on which the warrant is issued;
6. the obligation which the debtor shall perform, and the expenses which he shall pay;
7. (new – SG 86/17) the bank account to transfer the amounts awarded or any other way of 
payment;
8. (prev. item 7 – SG 86/17, amend. – SG 100/19) invitation to the debtor to execute within one 
month from the warrant being served;
9. (amend. – SG 42/09, prev. item 8, amend. – SG 86/17, suppl. – SG 100/19) statement that the 
debtor may file an objection within the term under Item 8 and in the event that the objection is unfounded, 
he may incur costs in excess of those stated in the order;
10. (prev. item 9, amend. – SG 86/17) statement that if the debtor does not make objections before 
the court issuing the warrant, or does not perform, the enforcement warrant shall enter into force and the 
enforcement shall be initiated;
11. (prev. item 10, amend. – SG 86/17) the limitations to appeal, before which court and in what 
period it can be appealed;
12. (prev. item 11, amend. – SG 86/17) signature of the judge.
 
Appeal 
Art. 413. (1) The enforcement warrant shall not be subject to appeal by the parties, except for the 
part concerning the expenses.
(2) (suppl. – SG 100/10, in force from 21.12. 2010) The decree by which the application, partially 
or fully, is denied may be appealed by the applicant by a private complaint, copy of which shall not be 
presented for serving.
 
Objection  
Art. 414. (1) (suppl. – SG 86/17) The debtor may object in writing against the enforcement warrant 
or against a part of it. Grounding of the objection is not required, except in the cases of Art. 414a .
(2) (Amend. – SG 100/19) The objection shall be made within one month form serving the warrant, 
which term cannot be prolonged.
 
Objection while enforcement within voluntary enforcement period  
Art. 414a. (New – SG 86/17) (1) A debtor who has fulfilled his obligation under the enforcement 
order within the term under Art. 412, item 8 , may object in writing against the enforcement order, claiming 
to have fulfilled all or part of his obligation. The evidence of the fulfillment of the obligation with a copy for 
the claimant shall be attached to the objection.
(2) If the debtor has not given rise to the claim, he may object that he does not owe the costs of the 
proceedings.
(3) The statement of objection, together with the attachments, shall be sent to the claimant 
indicating that he may submit an opinion within three days, whereby indicating the consequences of the non-
submission of an opinion.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(4) If the claimant fails to submit an opinion within the prescribed time limit, the court shall cancel 
the enforcement order, including the part to do with expenses, in whole or in part. Where the opinion is 
submitted in due time, the court shall rule on the objection and the opinion received.
(5) The claimant 's failure to submit an opinion and the nullification of the order shall not prevent 
the claimant from claiming the entire receivable under the order of Art. 422.
(6) If, on the basis of the enforcement order, a writ of execution has been issued pursuant to Art. 
418, the court shall invalidate it in so far as the enforcement order is invalidated.
 
Effect of the objection  
Art. 415. (Amend. – SG 86/17) (1) The court shall indicate to the claimant that the latter can bring 
an action for his claim in the following cases:
1. when the objection is filed in due time;
2. (suppl. – SG 100/19) when the enforcement order has been served on the debtor under the 
conditions of Art. 47, para. 5  and the serving officer has collected information that the debtor does not live 
at the address, after consulting the condominium manager, the mayor of the respective residential area or in 
some other manner verifying this, and has certified this by indicating the source of this information in the 
message;
3. when the court has refused to issue an enforcement order.
(2) When giving instructions for bringing an action in the cases under para. 1, item 2, the court 
shall order suspension of enforcement, if a writ of execution under Art. 418 has been issued.
(3) The claim under para. 1, items 1 and 2 shall be declaratory, and under item 3 - it shall be 
convictive.
(4) The claim shall be filed within one month from the announcement, whereby the claimant shall 
pay the due state fee.
(5) Where the claimant fails to present evidence that he has submitted the claim within the stated 
term, the court shall invalidate the enforcement order, in part or in whole, as well as the writ of execution 
issued under Art. 418.
 
Entering in force of the enforcement warrant  
Art. 416. (suppl. – SG 42/09) If objection is not done within the term or is withdrawn or after entry 
into force of the judicial decision for establishing the receivable, the enforcement warrant shall enter into 
force. On the base of it the court shall issue writ of execution and shall mark this on the warrant.
 
Enforcement warrant based on a document  
Art. 417. The applicant may also require issuance of enforcement warrant if the receivable, not 
depending on its price is grounded on:
1. act of an administrative body, on which the admission of execution is assigned to the civil courts;
2. (amend. – SG 100/19) document or abstracts of accountancy books, by which receivables of 
State institutions and and municipalities are ascertained, or an extract from the books of the bank, to which 
the document from which the receivable of the bank is derived, together with all its annexes, including the 
applicable general conditions, is presented;
3. notary deed, agreement or another contract with notary certified signatures concerning the 
contained in them obligations to pay monetary amounts or other replaceable sites, as well as obligations to 
give certain sites;
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.4. abstracts if the register of the special pledges for entered encumbrance and for the initiation of 
the execution – with regard to the handing of the pledged sites;
5. abstract of the register of the special pledges for entered contract for sale with reserving the 
ownership till the price is paid or lease contract – with regard to returning back of sold or leased sites;
6. pledge agreement or mortgage act under Art. 160 and Art. 173, Para 3 of the Obligations and 
Contracts Act ;
7. effective act for ascertaining of private State or municipal receivable, if its execution shall be 
done under the procedure of this Code.
8. (new - SG 102/17, in force from 22.12.2017) effective mandatory prescriptions of bodies of the 
Executive Agency “General Labour Inspectorate” to an employer for repayment of delayed cash liabilities 
on labor relations for more than two months;
9. (previous item 8 - SG 102/17, in force from 22.12.2017) act of deficiency;
10. (previous item 9 - SG 102/17, in force from 22.12.2017, suppl. – SG 100/19) promissory notes, 
bill of exchange or equated to them other promissory security as well as on bond or coupon on it. Where the 
security secures a claim arising from a contract concluded with a consumer, the contract - if in writing - 
shall be attached to the application, together with all its annexes, including the applicable general conditions.
 
Immediate enforcement  
Art. 418. (1) If together with the application a document under Art. 417 is presented, on which the 
receivable is grounded, the creditor may require from the court to pronounce immediate execution and to 
issue writ of execution
(2) The writ of execution shall be issued after the court checks if the document is regular in the 
visible aspect, and shall certify the receivable which is subject to execution against the debtor. About the 
issuance of the writ of execution the court shall make a due note on the presented document and on the 
enforcement warrant.
(3) Where according to the presented document the maturity of the receivable depends on the 
performance of the opposing obligation or on the occurrence of another circumstance, the performance of 
the obligation or the occurrence of the circumstance shall be certified by an official document or a document 
issued by the debtor.
(4) (amend. and suppl. – SG 100/10, in force from 21.12.2010) The decree by which the application 
for issuance of a writ of execution is denied partially or fully, may be appealed by the applicant within one 
week term from notification, by filing private complaint, a copy of which shall not be presented for serving.
(5) (amend. - SG 50/15, amend. and suppl. – SG 86/17) The enforcement order with the indication 
of the issued writ of execution and a copy of the document on the basis of which the enforcement order was 
issued, shall be served by the bailiff. The bailiff shall immediately send a copy of the notification to the 
court, together with the documents served, with indication of service on each of them.
 
Appeal of the decree for immediate execution  
Art. 419. (Amend. – SG 100/19) (1) The decree by which the application for immediate execution 
is recognised, may be appealed by a private complaint within one month from the serving of the 
enforcement warrant. The private complaint shall be submitted together with the objection against the 
warrant.
(2) The appeal of the decree for immediate execution shall not suspend the execution.
(3) The court shall revoke the decree when present are the preconditions of Art. 418, Para. 2, 
sentence one and Para. 3, as well as when the claim is based on an unfair clause in a contract concluded with 
a consumer.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Suspension of enforcement  
Art. 420. (1) (Amend. - SG 102/17, in force from 22.12.2017, suppl. – SG 100/19) The objection 
against the enforcement warrant shall not suspend the enforcement in the cases of Art. 417, items 1-9 , 
except when the debtor presents a due security in favour of the creditor following the procedure of Art. 180 
and 181 of the Obligations and Contracts Act . When the debtor is a consumer, the security shall be in the 
amount of up to one third of th receivable.
(2) (Amend. and suppl. – SG 86/17, amend. – SG 100/19) The court, having ordered immediate 
enforcement, may suspend it even without the need for the security under Para. 1, where a request for 
suspension has been made, supported by written evidence that:
1. the receivable is not due;
2. the receivable is based on an unfair clause in a contract concluded with a consumer;
3. the amount of the receivable under a contract concluded with a consumer is incorrectly 
calculated.
(3) The ruling on the request for suspension may be appealed by a private complaint.
(4) (New – SG 100/19) The order for suspension shall be subject to immediate enforcement, 
regardless of its appeal.
(5) (New – SG 100/19) Where a claim proceedings is instituted, the court, before which the claim is 
brought under Art. 422, Para. 1, shall have jurisdiction to rule on the request for suspension of execution.
 
Partial suspension of the execution  
Art. 421. (1) In case there are several obliged persons, the security under Art. 420, Para 1  shall be 
used only for the person or the persons for which it has been presented.
(2) (Amend. – SG 100/19) Where the objection concerns only a part of the receivable, the court 
shall suspend the preliminary execution only for the respective part of the receivable.
 
Claim for existence of the receivable  
Art. 422. (1) (Amend. – SG 86/17) The claim for existence of the receivable shall be considered 
submitted from the moment of submission of the application for issuing of enforcement warrant, if the term 
under Art. 415, Para 4  is observed.
(2) Submission of a claim under Para 1 shall not suspend the admitted immediate execution, except 
for the cases of Art. 420.
(3) If the claim is denied fully or partially by an effective decision, the execution shall be 
terminated and Art. 245, Para 3, Sentence Two  shall be applied.
(4) (New – SG 86/17) A reverse writ of execution shall not be issued, if the claim is rejected due to 
the irrecoverability of the claim.
 
Objection before the court of appeal (Title amended – SG 50/08, in force from 01.03.2008)  
Art. 423. (1) (amend. and suppl – SG 50/08, in force from 01.03.2008) Within one month term 
from learning about the enforcement warrant, the debtor, who was deprived from the opportunity to contest 
the receivable, may submit an objection to the court of appeal, if:
1. the enforcement warrant was not served under the due procedure;
2. the enforcement warrant was not served in person and at the day of its serving he had not 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.common place of stay in the territory of the Republic of Bulgaria;
3. the debtor could not learn in time about the serving due to special unforeseen circumstances;
4. the debtor could not file his objection due to special unforeseen circumstances, which he could 
not surmount.
Simultaneously with the objection, the debtor may exercise his rights under Art. 413, Para 1  and 
Art. 419, Para 1 .
(2) (amend. – SG 50/08, in force from 01.03.2008) Submission of the objection at the appellate 
court shall not suspend the execution of the enforcement warrant. Upon a request of the debtor, the court 
may stop the execution under the conditions of Art. 282, Para 2 .
(3) (new – SG 50/08, in force from 01.03.2008) The court shall recognize the objection, where 
finds that the prerequisites under Para 1 exist. If the objection is recognized, the execution of the issued 
under Art. 410 enforcement warrant shall be suspended. Where the objection is recognized, the court shall 
consider also the submitted private complaints of Art. 413, Para 1  and of Art. 419, Para 1 . If the objection 
has been recognized because the prerequisites of Art. 411, Para 2, items 3 and 4  do not appear, the court 
shall ex-officio invalidate the enforcement warrant and the issued on its base writ of enforcement.
(4) (new – SG 50/08, in force from 01.03.2008) Hearing of the lawsuit by the first-instance court 
shall continue by instructions under Art. 415, Para 1 . In this proceedings the court shall also consider the 
submitted with the objection request of Art. 420, Para 2 .
 
Claim for contesting the receivable  
Art. 424. (1) (amend. – SG 50/08, in force from 01.03.2008) The debtor may contest the receivable 
under a claim procedure, where newly learned circumstances or new written evidence of substantial 
importance for the lawsuit and which could not be known to him before the elapse of the term within which 
the objection should be filed or he could not obtain them in the same term are found.
(2) The claim may be submitted within three month term from the day on which the debtor learned 
about the new circumstance, or form the day on which the debtor could obtain the new written evidence, but 
not later that one year of the lapse of the receivable.
 
Forms 
Art. 425. (1) The Minister of Justice shall issue an ordinance, by which forms of enforcement 
warrant, application for issuance of enforcement warrant and of the other papers connected with the warrant 
procedure are approved.
(2) Where the applicant has not used a form or used a wrong one, the court shall, by a written 
instruction for removal of the irregularity, enclose the respective form.
 
Chapter thirty eight.  
INITIATION, SUSPENSION AND TERMINATION OF THE EXECUTION  
Initiation of enforcement  
Art. 426. (1) The bailiff shall start execution upon a request of the interested party on the grounds 
of a presented writ of execution or another act, subject to execution.
(2) (suppl. – SG 86/17) In his request the creditor shall state the way of execution. He may state at 
the same time several ways of execution, only if this is necessary in order to satisfy his claim. During the 
procedure he may also point other ways of execution.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(3) The regularity of the request shall be checked as per Art. 129.
(4) The creditor may require from the bailiff to examine the property status of the debtor, to require 
references and copies of documents.
 
Competence per location  
Art. 427. (1) The request for enforcement shall be filed with the bailiff, in whose area are located:
1. the immovable property, on which enforcement is directed;
2. the movable property, when the delivery of the movable property is to be effected by the debtor;
3. the permanent or current address of the creditor or debtor - at the choice of the creditor, on 
maintenance claim, remuneration and compensation for work, or indemnification for damages from tort;
4. the place of performance of the obligations of action or inaction when the performance of such 
obligations is requested;
5. the permanent or current address or debtor's seat;
6. the property of the debtor, on whom enforcement is directed, when he has no permanent address 
or registered office in the territory of the Republic of Bulgaria.
(2) After the initiation of the enforcement proceedings under the rules of para. 1, the creditor may 
request from the bailiff the distraint or foreclosure of property of the debtor located in the area of another 
bailiff. After the distraint or foreclosure, the bailiff shall forward the enforcement action to the due bailiff to 
make an inventory and sell the items in his area.
(3) In the cases under para. (2), where enforcement is directed to debtor's pecuniary claims by a 
third party liable with a permanent address or registered office in another judicial area, the enforcement 
proceedings shall not be forwarded.
(4) Any changes in the circumstances under para. 1, item 5 having occurred following the 
submission of the claim, which determine the local jurisdiction, shall not form grounds for forwarding the 
case.
(5) At the request of the creditor, the enforcement proceedings may be led by another bailiff in the 
same area of action. In this case, the actions taken shall retain their effect. If any requested enforcement 
action has not been performed, the fees deposited in advance shall be paid to the bailiff, to whom the case is 
referred. The debtor and the third liable person shall be notified of the forwarded enforcement proceedings. 
The costs of forwarding the case shall remain with the creditor.
 
Invitation for voluntary performance  
Art. 428. (1) (Suppl. – SG 86/17) The bailiff shall be obliged to invite the debtor to perform 
voluntary his obligation within two weeks term. Where the bailiff starts enforcement on the base of an 
enforcement warrant, he shall invite the debtor with its serving, and if the warrant was served on the debtor, 
new term for the voluntary performance shall not be given. In this case, instead of a call for a voluntary 
enforcement, a notice shall be sent of the enforcement proceedings initiated and a copy of the writ of 
execution.
(2) The invitation shall bear the name and the address of the creditor and a warning to the debtor, 
that if he does not perform his obligation within the given term, enforcement shall be started. In the 
invitation the imposed distraints and interdicts shall be stated. To the invitation for voluntary performance a 
copy of the act which shall be executed shall be attached.
(3) In event of death of the debtor, after the latter has received the invitation for voluntary 
performance, but before other enforcement proceedings are done, the bailiff, before to continue the 
proceedings, shall send to the heirs a new invitation for voluntary performance.
(4) Where the bailiff transfers one way of enforcement into another, he shall send a notification to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.the debtor of the imposed distraint or interdict.
 
Personal limits of the writ of execution  
Art. 429. (1) The heirs and the private successors of the creditor, as well as the guarantor or the 
joint debtor, who have paid the debt, may require execution on the base of the issued in favour of the 
creditor writ of execution. The succession, respectively the payment of the debt shall be ascertained by 
written evidence.
(2) The issued writ of execution against the legator may also be executed over the property of his 
heirs, except if they prove that they have disclaimed the inheritance or that they accepted it under inventory 
list. If the heir has not accepted the inheritance, the bailiff shall determine the term under Art. 51 of the 
Inheritance Act , and shall notify the respective regional judge of the statement of the heir, in order to enter 
it into the register.
(3) The writ of execution against the debtor shall have effect also against the third person, who has 
given an own site under pledge or mortgage as a security of the debt, if the creditor directs the enforcement 
over this site.
 
Special Representative of the debtor  
Art. 430. (Amend. – SG 86/17) The bailiff shall appoint a special representative of the debtor in the 
cases under Art. 47, para. 6 , as well as when it finds, in the process of enforcement, that the latter has no 
registered permanent or current address. The Special Representative shall be designated by the relevant Bar 
Association.
 
Powers of the bailiff  
Art. 431. (1) The bailiff, if this is necessary for the enforcement, may order buildings of the debtor 
to be opened and may search his fungibles, home and other premises.
(2) (amend. – SG 42/09; amend. – SG 100/10, on force from 01.01.2011) State institutions, 
municipalities and citizens organisations are obliged tol assist the bailiff. Upon request, the police bodies are 
obliged to assist the bailiff, where the performance of his functions is hindered.
(3) (amend. – SG 12/09, in force from 01.05.2009, amend. – SG 86/17, amend. – 83/19, in force 
from 22.10.2019) The bailiff shall have right of access to information in the court and administrative 
authorities, including the bodies of the National Revenue Agency, the subdivisions of the National Insurance 
Institute, of the central register for securities kept by the Central Depositary, the central securities 
depositaries, of the persons, who keep a register of state securities, from the controlling bodies of the Road 
Traffic Act  and from other persons, who keep property registers or have data about his property. He may 
take references and to obtain information regarding the enforcement, as well as to require copies and 
abstracts of documents.
(4) (new – SG 100/10, in force from 01.01.2011, amend. - SG 49/12, suppl. – SG 15/21) For the 
information envisaged in Para 3, needed for the relevant enforcement procedure and for the registration of 
the security measures on that procedure, the relevant state or local fee is due, except in cases under Art. 83, 
Para 1 or Art. 84, as well as when the information has been received in accordance with the Electronic 
Government Act . The fee shall be paid by the creditor and shall be on the account of the debtor.
(5) (amend. – SG 42/09; previous Para 4 – SG 100/10, in force from 01.01.2011) In the case, where 
the presence in person of the debtor is needed and he does not appear, although he has received a summon 
for this, the bailiff may order the police authorities to bring him.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(6) (previous Para 5 – SG 100/10, in force from 01.01.2011) If necessary, the bailiff may request 
from the bodies of the Ministry of Interior to stop from traffic a vehicle, over which enforcement is directed, 
for a period of three months.
 
Suspension of enforcement  
Art. 432. (1) (Previous text of Art. 432 - SG 86/17) The execution procedure shall be suspended:
1. by the court in the cases of Art. 245, Para 1 and 2 , Art. 309, Para 1 , Art. 397, Para 1, item 3 , 
Art. 438 and 524;
2. upon request of the creditor;
3. in the cases of Art. 229, Para 1, items 2 and 3 , except for the sale of a real estate, for which 
announcement already has been done;
4. in the cases of Art. 282, Para 2 , as well as if the appealed appellate decision is revoked by the 
Supreme Court of Cassation;
5. (new – SG 42/09; amend. – SG 100/10, in force from 21.12. 2010, amend. – SG 42/18) in the 
cases of Art. 624b ;
6. (new – SG 100/10, in force from 18.06.2011) in the cases of Art. 627, Para 2 ;
7. (prev. text of Item 05 – SG 42/09; previous text of item 6 – SG 100/10, in force from 
21.12.2010) in other cases, stipulated by a law.
(2) (New – SG 86/17) During the suspension of the enforcement proceedings, no deductions shall 
be made on remuneration, other remuneration for work or indemnity, or on a pension. This rule shall not 
apply to maintenance claims or claims arising from tort.
 
Suspension and completion of enforcement (Title suppl. – SG 86/17)  
Art. 433. (1) The execution procedure shall be terminated by a decree, if:
1. the debtor presents a receipt from the creditor, dully certified, or a voucher from a postal station, 
or a bank letter, from which is obvious that the amount of the writ of execution is paid or deposed for the 
creditor before the initiation of the execution procedure; if the debtor presents a receipt with a non-certified 
signature of the creditor, the latter in event of dispute, shall declare in written, that the receipt is not issued 
by him, in other case it shall be considered true;
2. the creditor has required this in written;
3. the writ of execution is invalidated;
4. by an effective court act the act on the base of which the writ of execution is issued is revoked, or 
this act is recognised as forged;
5. the pointed by the creditor property cannot be sold and it cannot be found any other sequester 
property;
6. (suppl. - SG 49/12) the due in advance fees and expenses for the execution have not been paid, 
except in cases under Art. 83;
7. an effective decision recognising the claim under Art. 439 or 440 is presented;
8. the creditor does not require performance of enforcement actions during two years, except for the 
alimony lawsuits.
(2) (New – SG 86/17) The enforcement proceedings shall be concluded with the performance of the 
obligation and the collection of the costs of enforcement.
(3) (Previous Para. 2, suppl. - SG 86/17) In all cases under para. 1 and para. 2, the bailiff shall 
immediately and ex officio lift the interdictions and distraints after the termination decree or the completion 
order has entered into force.
(4) (New – SG 100/19) The lifting of the distraints and the deletion of the foreclosures with respect 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.to the property sold in the course of the enforcement proceedings shall be effective in the future.
(5) (Previous Para. 3, suppl. - SG 86/17, prev. Para. 4 – SG 100/19) The termination and conpletion 
of the procedure shall not inflict the rights which third persons have obtained before this on the base of the 
enforcement actions, as well as the regularity of the made by the third obliged person payment to the bailiff.
 
Certifying the enforcement actions  
Art. 434. (1) (New – SG 86/17) Regarding the initiation, progress and completion of the 
enforcement proceedings, the bailiff shall rule with an order, unless the law provides for a ruling by a 
decree.
(2) (Previous text of Art. 434 - SG 86/17) For each action taken and performed by him, the bailiff 
shall draw up a protocol indicating the day and place of said performed action, the requests and statements 
made by the parties, the amount collected and the costs incurred in enforcement.
 
Chapter thirty nine.  
DEFENCE AGAINST EXECUTION  
Section I.  
Appellation on the actions of the bailiff  
Actions subject to appeal  
Art. 435. (1) (Amend. – SG 86/17) The claimant may appeal against:
1. (amend. - SG 110/20, in force from 30.06.2021) the refusal of the bailiff to initiate an 
enforcement case or to execute the requested enforcement action;
2. the refusal of the bailiff to carry out a new assessment under Art. 468, Para. 4  and Art. 485;
3. the suspension, termination and completion of enforcement.
(2) (Suppl. - SG 100/10, in force from 21.12.2010, amend. – SG 86/17) The debtor may appeal 
against:
1. the fine order;
2. directing the enforcement on property that he considers not to be for sequestration ;
3. the removal of movable property, or his removal from property due to the fact that he has not 
been duly notified of the enforcement;
4. the refusal of the bailiff to carry out a new assessment under Art. 468, Para. 4  and Art. 485;
5. the appointment of a third person as guardian, if the requirements of Art. 470 have not been met, 
as well as in the cases under Art. 486, Para. 2 ;
6. the refusal of the bailiff to suspend, terminate or conclude the enforcement;
7. the costs of enforcement.
(3) The decree for assignment may be appealed only by a person, who has deposed earnest money 
before the final day of the sale, and by a creditor who participated as a bidder, who does not owe earnest 
money, as well as by the debtor, due to this that the bidding in the tender was not performed dully and the 
property was not assigned to the highest bidder price.
(4) A third person may appeal the proceedings of the bailiff only if the execution is directed over 
sites, which on the day of the distraint, of interdict or of the delivery, if this concerns a movable site, are at 
his possession. The complaint shall be denied if it is ascertained that the site was owned by the debtor at the 
moment of imposing the interdict or the distraint.
(5) Entry to an estate may be appealed only by a third person who had the accession to the estate 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.before the claim the decision on which is enforced was submitted. If the third person misses the term to 
appeal, he may submit a possessory claim.
 
Submission of the appeal  
Art. 436. (1) (Amend. – SG 100/19) The complaint may be submitted through the bailiff to the 
district court at the pace of execution within two weeks from performing the action, if it was performed at 
the party’s presence or if the party was summoned, and in the rest cases – from the day of notification. For 
the third person the term starts from the day of learning about the proceeding.
(2) (Amend. – SG 86/17) Within three days from receipt of the appeal, the bailiff shall send for 
service a copy to the other party, and when the appeal is filed by a third party, copies of it shall be served on 
the debtor and the party, upon whose request the enforcement proceedings were instituted.
(3) (Suppl. - SG 110/20, in force from 30.06.2021) The party who has received a copy of the 
complaint may within three days submit written objections. After the elapse of this term, the bailiff shall 
transmit the complaint together with the objections, if there are such, and a copy of the execution lawsuit to 
the district court, and shall state reasons for the appealed proceedings. All documents may be sent to court in 
an electronic form.
(4) With regard to the complaints, the provisions of Art. 260, 261 and 262 shall apply.
 
Consideration of the complaints  
Art. 437. (1) The complaints submitted by the parties shall be considered at a closed session, except 
where witnesses and experts must be heard.
(2) The complaints submitted by third persons shall be considered at an open session with 
summoning the petitioner, the debtor and the creditor upon whose request the execution lawsuit has been 
initiated.
(3) The court shall consider the complaint on the basis of the data in the enforcement case and the 
evidence presented by the parties.
(4) The court shall announce the judgement with the reasons within one month from the submission 
of the complaint to court at the latest. The judgement shall not be subject to appeal.
 
Suspension of the execution in event of appeal  
Art. 438. The submission of the appeal shall not suspend the execution, but the court may 
pronounce suspension. In this case, the court shall immediately transmit a copy of the ruling for suspension 
to the bailiff.
 
Section II.  
Defence under Claim Procedure  
Contesting the receivable  
Art. 439. (1) The debtor may contest the execution through a claim.
(2) The claim of the debtor may be founded only on facts which occurred after the end of the court 
investigation within the procedure, on which the execution ground was issued.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Defence of a third party  
Art. 440 (1) Each third party, whose right has been affected by the execution, may submit a claim 
to ascertain that the property over which the execution is directed for a monetary receivable is not ownership 
of the debtor.
(2) The claim shall be submitted against the creditor and the debtor.
(3) The creditor shall be liable under the terms of Art. 45 of the Obligations and Contracts Act  
for the damages caused to third persons by way of directing the execution over a property which is their 
ownership.
 
Liability of the bailiff for damages  
Art. 441. (1) (amend. - SG 50/2008, in force from 01.03.2008; amend. SG 100/10, in force from 
21.12. 2010, previous text of Art. 441 - SG 86/17) The private bailiff shall be liable under the terms of Art. 
45 of the Obligations and Contracts Act  for the damages caused from procedurally unlawful enforcement. 
For the same damages caused by the State bailiff, the liability shall be under Art. 49 of the Obligations and 
Contracts Act .
(2) (New – SG 86/17) Unlawful enforcement shall be found also when the bailiff has imposed 
security which is obviously disproportionate to the amount of the obligation in the enforcement case.
 
Division two.  
ENFORCEMENT OF MONETARY RECEIVABLES  
Chapter fourty .  
GENERAL RULES  
Object of the execution  
Art. 442. The creditor may direct the execution on any of the estates or of the receivables of the 
debtor.
 
Proportionality  
Art. 442a. (New – SG 86/17) (1) The security measures imposed by the bailiff and the enforcement 
measures taken shall be proportionate to the amount of the obligation, whereby taking into account all the 
facts and circumstances of the case, the debtor's procedural behaviour and the possibility the claim remain 
unsatisfied.
(2) Upon the objection of the debtor and in case of finding a disproportion, the bailiff shall raise the 
appropriate security measures.
 
Change of the object and of the way of enforcement  
Art. 443. The debtor may propose that the execution should be directed on another estate or be 
carried out only through some of the manners of execution, required by the creditor. If the bailiff finds that 
the manner of execution proposed by the debtor is in a position to satisfy the creditor, he shall direct the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.execution on the estate pointed out by the debtor
 
Objects, which shall not be subject to sequestration  
Art. 444. The execution cannot be directed on the following objects of the debtor-natural person:
1. objects for daily use of the debtor and his family specified in a list adopted by the Council of 
Ministers;
2. the necessary food for the debtor and his family for one month, and for the farmers - until the 
new crop or its equivalence in other farm products if there is none;
3. the fuel necessary for heating, cooking and lighting for three months;
4. the machines, instruments, devices and books, personal necessity of the debtor, practising free-
lance profession or of a craftsman for the needs of his practice;
5. the lands of the debtor - farmer: gardens and vineyards of up to a total of 5 decares or fields of 
area up to 30 decares, and the machines and tools necessary for the farm work, as well as the fertilisers, the 
plant protection means and the sowing seeds - for one year;
6. the necessary couple of working animals, one cow, 5 small farm animals, 10 bee-hives and 
poultry, as well as the necessary food for them until the new crop or taking out to graze;
7. the home of the debtor, if neither he nor any of the members of his family with whom he lives 
together, have another home, regardless of whether the debtor lives in it. If the home exceeds the housing 
needs of the debtor and the members of his family, as determined by an ordinance of the Council of 
Ministers, the surplus shall be sold, if the conditions of Art. 39, Para 2 of the Ownership Act  are available;
8. the objects and other real rights stipulated by other laws as being no subject to enforcement.
 
Cancellation of the prohibition to sequester  
Art. 445. (1) The prohibitions Art. 444 cannot be used by the debtors regarding the property on 
which a pledge or mortgage has been established when the claimant is the pledge or mortgage creditor.
(2) Benefits of the prohibitions of Art. 444, items 5 and 7  cannot be used by:
1. the debtors under liabilities for support money and for damages from not allowed injury and 
from financial deficits;
2. the debtors in the cases, stipulated by a law.
 
Income, which cannot be sequestered  
Art. 446. (1) (amend. – SG 50/08, in force from 01.03.2008, amend. – SG 86/17) If the execution is 
directed on the labour remuneration or on any other remuneration for work done, as well as on a pension, the 
amounts of which are above the minimum monthly remuneration, it may be taken only:
1. if the sentenced person receives a monthly remuneration in the amount between the minimum 
wage and the double amount of the minimum wage - one third, if he has no children, and one quarter - if he 
has children whom he supports;
2. if the convicted person receives a monthly remuneration in the amount of twice the amount of 
the minimum wage and the four-fold minimum wage - one half, if he has no children, and one third, if he 
has children whom he supports;
3. if the convicted person receives a monthly remuneration in excess of the quadruple amount of the 
minimum working wage - the excess of the double the amount of the minimum working wage, if he has no 
children, and the excess over two and a half times the amount of the minimum wage, if he has children 
whom he supports.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) (new – SG 50/08, in force from 01.03.2008) The monthly labour remuneration under Para 1 
shall be determined, after the due on it taxes and obligatory insurance installments are discounted.
(3) (prev. Para 2 – SG 50/08, in force from 01.03.2008) The limitations pointed hereinabove shall 
not refer to the liabilities for alimony. In these cases the sum awarded for alimony shall be taken entirely, 
and the takings under Para 1 for the other liabilities of the sued person and for liabilities for alimony for a 
past period, shall be made on the remainder of his total income.
(4) (prev. Para 3 – SG 50/08, in force from 01.03.2008) Enforcement shall not be allowed on 
receivables for alimony. Enforcement on scholarships shall be allowed only for liabilities for support 
money.
 
Non-sequestration income received on a bank account  
Art. 446a. (New – SG 86/17) (1) The non-sequestration of the incomes under Art. 446, as well as 
of benefits and compensations under another normative act, shall also be preserved, if they have entered into 
a bank account, but not earlier than one month prior to the imposition of the distraint.
(2) The notice of distraint shall not give effect in respect of the benefits and compensations under 
para. 1, as well as in respect of the pension up to the amount of the minimum wage, except for maintenance 
obligations.
(3) Where, on the grounds stated for the proceeds of the bank account, it is apparent that they 
represent remuneration for work, the Bank shall not enforce the distraint up to the amount of the minimum 
wage, except for maintenance obligations.
(4) The Bank shall transfer to the bailiff's account the sums due and shall inform the bailiff, within 
the term and by the order of Art. 508, para. 1 , about the reasons for the non-enforcement, respectively that 
the debtor's garnisged account is being used for income from pension or remuneration for work.
(5) Within one week of receiving the notification under para. 4, respectively from the debtor's 
objection of the presence of non- sequestration income, the bailiff shall notify the bank of the part to be 
translated according to Art. 446.
 
Invalidity of the waiver of protection  
Art. 447. Any waiver of the debtor of his protection under Art. 440 and 446 shall be invalid.
 
Obligation to declare the property and the income  
Art. 448. (1) (amend. – SG 50/08, in force from 01.03.2008) If at the debtor property which can be 
sequestered and which can cover the expenses for the execution is not found, he shall be obliged to appear 
before the regional judge and to declare the whole his property and total incomes. Lack of sufficient 
property shall be ascertained by a protocol.
(2) Upon the request of the bailiff, the regional judge shall appoint a session on which the debtor 
and the creditor shall appear.
(3) If the debtor does not appear, the court shall rule his compulsory bringing to court.
(4) (amend. – SG 50/08, in force from 01.03.2008) The obligation for appearing and for 
presentation of a declaration and the liability for failure to perform this liabilities shall be stated in the 
summon to the debtor.
 
Simultaneous actions with the invitation for voluntary performance  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 449. (1) If the enforcement is directed over a movable or immovable object, in the invitation 
for voluntary performance shall be also stated the day, on which the inventory list will be done. It may be 
done within the term for voluntary performance.
(2) If the enforcement is directed over a real estate, simultaneously with the sending of invitation 
for voluntary performance, where the real estate shall be stated, the bailiff shall send a letter to the register 
service to entry the interdict over this real estate.
 
Distraint over a movable object or over a receivable  
Art. 450 (1) Distraint over a movable object shall be imposed by taking of inventory of the object 
by the bailiff.
(2) Distraint over a movable object or a receivable of the debtor may be imposed also with the 
receiving of the notification about the inventory or about the distraint, if in it the object or the receivable 
over which the enforcement is directed are pointed exactly.
(3) The distraint over the receivable of the debtor shall be considered imposed with regard to the 
third obliged person from the day from which the distraint notification as per Art. 507 was served.
 
Electronic garnishment over bank account receivable  
Art. 450a. (new - SG 49/12, in force from 01.01.2013, amend. – SG 86/17) (1) Attachment of the 
debtor's claim against a bank account shall be imposed by a bailiff by means of a notification in electronic 
form, signed with a qualified electronic signature, sent electronically through a Unified Electronic 
Garnishment Interchange Environment. Attachment of other claims of the debtor by a bank shall be carried 
out under the general order.
(2) The notification of attachment, the bank's reply, the bank’s notice on attachment release, the 
confirmation of the received message and the other messages in connection with the imposition, execution 
and release of the attachment shall be considered received by the addressee with their downloading from the 
environment under Para. 1.
(3) The Minister of Justice shall issue an Ordinance defining the requirements to the environment 
under Para. 1.
 
Effect of the distraint and of the interdict with regard to the debtor  
Art. 451. (1) From the moment of imposing the distraint, the debtor shall be deprived from the right 
to dispose with the receivable or with the object and may not, under fear of criminal liability, to change, 
damage or destroy the object.
(2) The consequences of Art. 1 shall fall for the debtor from the moment of receiving of the 
invitation for voluntary performance, where the enforcement is directed over a movable or immovable 
property and this object is stated in the invitation.
 
Effect of the distraint and of the interdict with regard to the creditor  
Art. 452. (1) Made by the debtor actions of disposal over the distrained object or receivable after 
the distraint shall be not valid with regard to the creditor and the joint creditors, except the third person who 
acquired the object may refer to Art. 78 of the Ownership Act .
(2) Where the enforcement is directed over a property, the invalidity shall have effect only for the 
actions of disposal made after the interdict was entered into the register.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(3) The creditor and the joint creditors may require payment from the third obliged person, not 
depending on the payment he had made to the debtor, after the notification of distraint was served. The 
persons of the management bodies of the third obliged person shall bear joint liability.
 
Impossibility to counterclaim on the base of acts which are not entered into the registry  
Art. 453. Before the creditor and the joint creditors cannot be counterclaimed:
1. the transfer and establishment of real rights which have not been entered before the interdict;
2. the decisions on claim motions, subject to entry which have not been entered before the interdict;
3. transfer of receivable, the notification of which has been done after the third obliged person 
received the distraint notification;
4. transaction of movable objects, possession of which has not been transmitted to the acquirer 
before the distraint was imposed, except a document with true preceding date exists.
5. (new – SG 86/17) rental and lease contracts, as well as all agreements granting the use and 
management of movable and immovable property.
 
Suspension of the execution upon request of the debtor  
Art. 454. (1) (amend. – SG 50/08, in force from 01.03.2008, amend. – SG 86/17) The bailiff shall 
suspend the execution, if before the object is given to a shop or a wholesale market, respectively before the 
beginning of the open tender with verbal bidding, and for the public sale of an estate – before the day, 
preceding the day of the sale, the debtor – natural person, deposes 20 per cent of the receivables upon the 
submitted against him writs of execution and obliges himself in written to depose at the bailiff each month 
per 10 per cent of them.
(2) If the debtor does not pay some of the instalments under Para 1, the bailiff, upon a request of 
each of the creditors shall continue the execution, without the possibility for the debtor to require new 
suspension.
(3) Para 1 shall not be applied if subject to sale is a pledged or mortgaged object or an object, 
included in the trade enterprise of the sole entrepreneur.
 
Money received from the enforcement  
Art. 455. (1) All the amounts, received on the enforcement case from the debtor, from the third 
obliged person, from bidders and buyers in the sale, as well as from the shops or the wholesale markets, who 
have performed the sale of the movable object, shall be deposed into the account of the bailiff.
(2) (amend. - SG 49/12) The payment of the amount owed to the creditor and the joint creditors 
shall be done within 7 days from the entry into force of the distribution of the money received or from the 
expiration of the term under Art. 191, para. 5 of the Tax-insurance Procedure Code  and if there is no 
legal obstacle to this. The payment shall be performed on the base of payment orders of the bailiff, who shall 
mark the payment on the writ of execution.
(3) Where the creditor and the debtor did not stated an account for transfer of the money received, 
the money shall stay in the account of the bailiff upon request.
 
Chapter fourty one.  
JOINDER OF CREDITORS AND DISTRIBUTION OF AMOUNTS COLLECTED  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Joinder of creditors  
Art. 456. (1) At any stage of the enforcement, before the distribution is done, other creditors of the 
same debtor may join the procedure.
(2) Joining under Para 1 shall be done through a written motion, to which the creditor shall attach 
the writ of execution and a certificate from the bailiff, that the writ is attached to another enforcement case.
(3) The certificate shall contain a statement about the unsatisfied remainder of the receivable, 
including principal, interest and expenses, and the day to which the remainder is calculated. In this case, the 
amounts for distribution shall be transferred into the account of the bailiff who issued the certificate and who 
shall mark the payment on the writ of execution.
 
Consequences of the joinder  
Art. 457. (1) Joint creditor shall have the same rights in the enforcement proceedings as the initial 
creditor.
(2) The enforcement proceedings performed before the joinder shall also be useful for the joint 
creditor.
(3) The notifications and the summons shall be done only to the initial creditor.
(4) In the event of claim or compliant from a third person against the enforcement proceedings, the 
initial creditor shall be summoned as a party. The joint creditors may join the case as joint parties. The 
issued judgement shall also have effect with regard to them, though they have not entered the case.
 
Joinder of the State  
Art. 458. (amend. – SG 12/09, in force from 01.05.2009, amend. – SG 86/17) The state shall be 
considered always a joint creditor for the public receivables owed by the debtor, amount of which has been 
announced to the bailiff before the distribution was done. For this purpose, the bailiff shall send a 
notification to the National Revenue Agency about each initiated by him execution and about each 
distribution.
 
Joinder of a creditor with secured claim  
Art. 459. (1) The creditor in whose favour a security was admitted by way of imposing of distraint 
or interdict, shall be considered joint creditor, where the execution is directed over the object of the security. 
The due amount for the secured creditor shall be saved in the account of the bailiff and shall be transferred 
to him, after he presents the writ of execution. If the security is cancelled, this amount shall be distributed 
between the rest of the creditors or shall be returned to the debtor.
(2) Para 1 shall be applied for the mortgage and pledge creditor, as well as for the creditor who has 
right of detention.
 
Distribution  
Art. 460. If the amount collected on the enforcement case is not enough to satisfy all the creditors, 
the bailiff shall make a distribution, as first he shall separate amounts for payment of receivables who have 
the right of priority satisfaction. The remainder shall be distributed for the rest receivables proportionally.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Compensation with amounts of the distribution  
Art. 461. The creditor, to whom the object was assigned, may compensate from the due against its 
price amount such part of his receivable, as is due to him proportionally.
 
Presentation of the distribution  
Art. 462. (1) The bailiff shall present the distribution to the debtor and to all of the creditors who 
shall be summoned for this on a day set by the bailiff.
(2) If, within three days term from the presenting of the distribution, a complaint is not submitted, it 
shall be considered final and the bailiff shall transfer the amounts on the distribution.
 
Decision on the distribution  
Art. 463. (1) In event that the distribution is appealed, the lawsuit together with the complaint shall 
be transmitted to the district court, which shall consider it following the procedure of Art. 278.
(2) The decision of the district court on the distribution shall be subject to appeal before the court of 
appeal. Hearing of the complaint shall be executed under the procedure of Art. 274. The decision of the 
court of appeal shall not be subject to appeal.
 
Contest of the receivable of a joint creditor  
Art. 464. (1) If one of the creditors contests the existence of the receivable of another creditor, he 
shall submit a claim against him and the debtor. Filing of the claim shall suspend the transfer of the amount 
determined for the creditor whose receivable is contested. If the claim is not submitted within one month 
from the distribution, the amount shall be transferred to the creditor.
(2) The claim may also be based on facts which precede the completion of the judicial investigation 
in the proceedings in which the enforceable title was granted.
 
Chapter fourty two.  
ENFORCEMENT OVER MOVABLE PROPERTY  
Section I.  
Inventory, evaluation and delivery for keeping  
Inventory of movable property  
Art. 465. The bailiff shall take inventory of the item specified by the creditor, only if it is in 
possession of the debtor, unless it is obvious from the circumstances that it belongs to another person.
 
Inventory of fruits and plants which have not been harvested  
Art. 466. Enforcement can also be directed on fruits and plants which have not been harvested, and 
which shall be listed in the inventory not earlier than two months before the usual time of their harvest.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Content of the inventory of movable property  
Art. 467. (1) The inventory shall contain:
1. stating of the writ of execution;
2. the place where it is executed;
3. a detailed description of the item;
4. the price against which the item shall be sold in a shop;
5. the eventual objections of the parties and the rights declared by third persons over the described 
item.
(2) Noted in the inventory shall be whether the objects, on which no enforcement is allowed, have 
been left to the debtor
(3) (New – SG 86/17) The inventory shall also indicate the day of submission of the valuation of 
the property when it is carried out after the inventory. In this case, the parties shall be deemed to have been 
notified of the valuation submission, regardless of whether they were present during the inventory.
(4) (Previous Para. 3 - SG 86/17) Noted in the inventory shall also be the place and time for the sale 
of the object, if the creditor requests that. In this case the debtor shall be considered notified about the sale 
regardless of whether he has attended the taking of inventory.
(5) (Previous Para. 4 - SG 86/17) The inventory shall be signed by the bailiff. The inventory shall 
not be announced to the parties.
 
Determination of the price of a movable object  
Art. 468. (1) (amend. – SG 42/09, amend – SG 86/17) The bailiff shall determine the price at which 
the item shall be sold in retail. The starting price from which to start the bidding at the open auction or at the 
public sale shall be 85% of the value of the item.
(2) (Amend. and suppl. - SG 42/09) At the request of the party, an expert shall be appointed to 
determine the value of the item. The expert shall be appointed ex officio where special knowledge in the 
field of science, art, crafts and others is required to determine the value. The expert can also give its 
conclusion verbally, which shall be reflected in the protocol.
(3) (New – SG 86/17) To determine the value of the items under Art. 474, Para. 5 , the bailiff shall 
be obliged to appoint an expert. The sale price of the movables cannot be lower than their insurance value 
when they have one. This rule shall not apply to subsequent sales of the same property.
(4) (New – SG 86/17) In the first sale notice, either party may challenge the price of the property in 
its determination by the bailiff and request a reassessment by appointing an expert. The bailiff shall set a 
time limit for the payment of costs.
(5) (New – SG 86/17) The bailiff shall be obliged to reassess the property when the party, within 
the term under Para. 4, has paid the costs for the new expertise, whereby in the cases of Para. 2 and 3 shall 
appoint another or more expert witnesses.
(6) (New – SG 86/17) The valuation determined by the order of Para. 4 and 5 shall not be subject to 
challenge.
 
Delivery for keeping by the debtor  
Art. 469. The movable item described may be given to the debtor for keeping in the event it is not 
taken to a shop to be sold. In this case, the debtor can benefit from it only if that does not reduce its value.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Keeping of the described object  
Art. 470. (1) If the debtor refuses to accept the item for safekeeping, or if the bailiff thinks said item 
should not be left to the debtor, the item shall be seized by the bailiff and given for safekeeping to the 
enforcement creditor or a keeper appointed by the bailiff.
(2) The keeper shall be chosen having in mind their personality, but also considering the nature of 
the item and the place where it is located or shall be kept.
(3) The item shall be handed over for safekeeping against signature.
 
Obligations of the keeper  
Art. 471. (1) The keeper shall be obliged to keep the item with due diligence and shall give report 
about the incomes from it and about the expenses for its keeping.
(2) If the keeper does not fulfil his obligations under Para 1, the bailiff may deliver the item for 
keeping to another person.
 
Remuneration of the expert and of the keeper  
Art. 472. For the expert and the keeper, if he is a third person, the bailiff shall determine a 
remuneration, which shall be deposited in advance by the creditor. If expenses for the taking or keeping of 
the item are needed, they shall be deposited by the creditor in advance
 
Section II.  
Sale of Movable Property  
Competition of two enforcement procedures  
Art. 473. (1) The sale of the distrained item shall be executed by the bailiff who took the inventory.
(2) If another enforcement is directed on the described item, the next creditor may require from the 
regional court to allow sale for enforcement of his receivable. The permission shall be issued if, after the 
expiration of one month from the referral of the enforcement to the regional court, no protocol has been 
registered   under Art. 477, Para 3 .
(3) The described object shall be taken for execution on the base of the permission under Para 2.
 
Sale of a movable property  
Art. 474. (1) (suppl. – SG 86/17) The sale of movable property, sets of items or groups of items 
shall be carried out in a shop or commodity exchange, by way of public auction with bidding, or by public 
sale of estate.
(2) The claimant or the debtor may agree that the object will be sold for the determined by bailiff in 
a shop of the private bailiff or in a stated by him shop, by submitting a written consent for acceptance of the 
object for sale by the shop.
(3) If the object may be sold through commodity exchange, the creditor or the debtor may point a 
commodity exchange, be submitting a written consent for acceptance of the object for sale through a 
commodity exchange.
(4) The delivery of the object shall be certified by a protocol, signed by the bailiff and by the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.manager of the commodity exchange or of the shop. For the executed sale, the shop, respectively the 
commodity exchange shall receive a commission amounting to 15 per cent of the sale price, which shall be 
taken at the deposition of the received amount.
(5) (Amend. – SG 86/17) Objects evaluated at over 5000 BGN, the motor vehicles, the ships and 
the aircraft, shall be sold by the bailiff according to the rules for public sale of a real estate under this Code. 
The sale shall be announced according to Art. 477, Para 3 . The bailiff shall transfer the possession of the 
object after the price is paid. Applied in these proceedings shall be the rules of Art. 482, except for the 
appeal of the sale and Art. 521.
 
Sale of perishables  
Art. 475. (1) (Previous Art. 475 - SG 86/17) Perishable items, for the keeping of which significant 
expenses and special conditions are needed, shall be sold not later than one week from the inventory.
(2) (New – SG 86/17) Regarding the items under Para. 1, Art. 468, para. 4-6  shall not apply.
 
Sale of plants and fruits which have not been harvested  
Art. 476. Plants and fruits which have not been harvested shall be sold by the bailiff according to 
the rules for public sale of real estate according to this Code. The sale must be done not earlier than one 
week before the usual harvest time
 
Sale in a shop  
Art. 477. (1) The item shall be delivered into the shop by the debtor.
(2) Due receipt shall be presented by the debtor to the bailiff for the delivery of the item to the 
shop.
(3) The bailiff shall announce the sale of the item by a notification put up in the respective places in 
his office and in the local municipality or mayoralty. The protocol of announcement shall be registered in 
the regional court.
 
Sale without delivery of the item  
Art. 478. If the delivery of the item into the shop is connected with inconvenience for its sale, the 
bailiff shall put in a visible place in the shop notification and shall provide opportunity to the persons who 
wish to see the item at the place where it is located. The sale shall be announced under the procedure of Art. 
477, Para 3 .
 
Payment of the price  
Art. 479. The sale in a shop shall be done against the determined price. The item shall be delivered 
to the buyer after the price has been paid. If the item is sold against at a price lower than the determined 
price, or is delivered to the buyer before the payment of the price, the bailiff shall collect the sale price from 
the seller.
 
New sale 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 480. (suppl. – SG 42/09) If within three months from the delivery of the item to a shop or from 
the announcement of the sale under the procedure of Art. 478, the item has not been sold, it shall be sold 
through a public tender with verbal bidding at a price amounting to 50 percent of the initial one under Art. 
468, Para 1 .
 
Sale through public tender with verbal bidding  
Art. 481. (1) The bailiff shall execute the sale through a tender at the appointed moment in front of 
the building where the described items are kept, or at another place, determined by a mutual consent of the 
parties. In the event of lack of consent, the sale shall be done at a place, determined by the bailiff, and it 
shall be appointed not earlier than one and not later than three weeks after the inventory is taken.
(2) The sale shall not be appointed and the described items shall be discharged, if the creditor does 
not depose the expenses for its execution within one week term from the inventory.
(3) On the day of the sale the bailiff shall draft a protocol, where he shall mark the day and the way 
of announcement and notification of the parties.
(4) The tender shall start at the set time and shall finish after the offer of the last described item.
(5) Earnest money shall not be deposed for participation in the tender.
(6) If within one hour after the appointed time of the sale bidders appear, the bailiff shall offer the 
items one after one in a chosen by him order.
(7) Each object shall be offered verbally by the bailiff at the determined initial price. The price shall 
be announced three times.
(8) If someone of the bidders gives sign that he accepts the price, the bailiff shall offer the object at 
a higher price. If the higher price is accepted by someone of the madders, the bailiff shall offer a higher 
price.
(9) If the offered highest price is not accepted after the third announcement, the bailiff shall 
announce that the price is bought by this bidder, who accepted first the lower announced price, shall state 
the price in the protocol and deliver the object to the bidder against cash payment. If the announced by the 
bailiff buyer does not pay immediately in cash the accepted price, the bailiff shall remove him from further 
participation in the tender.
(10) If bidders did not appear or the initial price is not accepted after the third announcement, the 
bailiff shall announce the sale not realized, discharges the item and delivers it to the debtor. If the debtor 
does not present, the item shall be delivered to the keeper, and if the item has not been delivered for keeping, 
it shall be left at the place of the sale at disposal of the debtor.
 
Stability of the sale  
Art. 482. (1) The executed sale may not be appealed or contested under a claim procedure.
(2) The buyer shall become its owner, regardless of whether the item belonged to the debtor.
(3) The previous owner shall have the right to receive the price, if it is not disbursed under the 
distribution. If it is disbursed, he shall have the right to require from the creditors and the debtor what they 
received from the distribution.
(4) If the creditor is in bad faith, he shall be liable before the owner for the damages caused to him. 
In all cases, the creditor shall bear the expenses for the execution.
 
Chapter fourty three.  
EXECUTION OVER IMMOVABLE PROPERTY  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Taking inventory of an estate  
Art. 483. The inventory shall be taken only if the state, or the private bailiff, convinces himself that 
the estate has been property of the debtor as of the day of levying the distraint. The examination of the 
ownership shall be carried out through an inquiry in the tax or notary books or otherwise, including through 
an interrogation of neighbours. When there is no reliable information about the ownership, the possession as 
of the day of distraint shall be taken into account.
 
Content of the inventory:  
Art. 484. (1) The inventory shall contain:
1. stating the writ of execution;
2. the location where it is performed;
3. the location, the borders of the estate, the imposed on it mortgages and distraints, as well as the 
due taxes;
4. the initial price, from which the bidding shall start;
5. the eventual objections of the parties and the declared by third persons rights over the described 
object.
(2) Data about the encumbrances shall be required by the bailiff from the territorial directorate of 
the National Revenue Agency and from the registry service, simultaneously with the motion to register the 
distraint.
(3) (New – SG 86/17) The inventory shall also indicate the day of submission of the valuation of 
the property when it is carried out after the inventory. In this case, the parties shall be deemed to have been 
notified of the submission of the valuation, regardless of whether they were present at the inventory.
(4) (Previous Para. 3 - SG 86/17) In the inventory shall be also stated the place and the time of the 
sale of the object, if the creditor requires that. In this case the debtor shall be considered notified about the 
sale, not depending on this if he presented the taking of inventory.
(5) (Previous Para. 4 - SG 86/17) The inventory shall be signed by the bailiff. The inventory shall 
not be announced to the parties.
 
Determination of the initial price of the public sale  
Art. 485.(Amend. – SG 86/17) (1) The bailiff shall appoint an expert for determining the value of 
the property. The expert must be listed in the Register of Independent Appraisers under the Independent 
Valuers Act  or in the list of specialists approved as experts according to the Judicial System Act.
(2) The expert's opinion shall be communicated to the parties, who may contest it within 7 days. In 
the contest, the party shall designate an expert who satisfies the requirements of Para. 1 to draw a second 
opinion and bear the costs of doing so, otherwise no second opinion shall be drawn.
(3) In two or more estimates, the value of the property shall be determined as the arithmetic mean 
of all estimates.
(4) The initial price of the property from which to start the bidding shall be 80 per cent of the value 
of the property.
(5) The initial price at the first public sale may not be lower than the tax valuation, where such is 
determined.
(6) The rules of Para. 2, 3 and 5 shall apply only when carrying out the first public sale.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Keeping of a real estate  
Art. 486. (1) The estate shall be left in possession of the debtor until the conduct of the sale. The 
debtor should manage this estate with the care of a good owner. The debtor shall receive the estate by 
inventory and shall be obliged to deliver it in the same condition, in which he has accepted it
(2) If the debtor fails to manage the property well or prevents any third person from examining it, 
the bailiff shall assign the management to another person.
 
Announcement of the sale  
Art. 487. (1) (Amend. – SG 86/17) The bailiff shall be obliged, after the expiry of seven days from 
the inventory, to prepare an announcement for the sale, where he shall indicate: the owner of the estate, 
description of the same, it is mortgaged, if there are any limited property rights over the property at the time 
of injunction, written claims, foreclosures and rental contracts, the price at which the sale shall begin, and 
the place and the day on which the sale begins and ends.
(2) (amend. and suppl. - SG 49/12, in force from 01.01.2013) The announcement under Para 1 shall 
be put in the respective places in the office of the private bailiff, in the building of regional court, of the 
municipality, of city-council, at the location of the estate, on the estate itself, and shall be published on the 
website of the district court at the place of performance and at least one day before the day for starting the 
sale, indicated in the announcement.
(3) On the day under Para 2 the bailiff shall draw up a protocol where he should indicate the day 
the announcement is made public. The protocol shall be registered in the regional court.
(4) The bailiff shall determine the period in which the real estate may be examined by the persons 
wishing to buy it.
 
Place of the sale  
Art. 488. (1) The sale shall be executed in the premises of the regional court. It shall continue for 
one month and shall finish on the day indicated in the announcement.
(2) The papers for the sale shall be kept in the office at the disposal of anyone who might be 
interested in the estate.
 
Bidding offers  
Art. 489. (1) A deposit of 10% on the evaluation shall be paid into the account of the bailiff for 
participation in the bidding. The creditor shall not pay this deposit, if his receivable exceeds this rate.
(2) (Amend. – SG 86/17) Every bidder shall indicate the price offered by him in figures and in 
words and shall file his offer with the counterfoil for paid carnet in a sealed envelope. The bidder may do 
only one bidding offer.
(3) (Revoked – SG 86/17)
(4) The offers shall be filed in the office of the regional court ,which shall be marked in the 
incoming register
(5) (Suppl. – SG 86/17) The sale shall end at the end of the office hours of the last day. The bids 
may be withdrawn at the latest within this time limit.
(6) (Amend. – SG 86/17) Any bidding offer from persons that are not entitled to take part in the 
public sale, or offers below the initial price, and bids exceeding the initial price by more than 30 per cent, 
shall be invalid.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Persons who shall have no right to bid  
Art. 490. (1) The debtor, his legal representative, the officers from the office of the regional court 
and of the bailiff, as well as the persons, specified in Art. 185 of the Obligations and Contracts Act , shall 
not be entitled to take part in the bidding.
(2) Where the estate was bought by a person who had no right to bid, the sale shall be invalid.
(3) In the case of Para 2, the money deposited by the purchaser shall be retained for satisfying the 
receivables under the enforcement case, and the estate, at the request of any of the creditors, may be put up 
for sale again.
 
Non-execution of the sale in the event of debt payment  
Art. 491. If, before the elapse of the term for submission of the written bidding offers, the debtor 
deposits all amounts for the writs of execution submitted against him, and for the expenses for the 
enforcement case, the sale shall not be executed.
 
Announcement of a purchaser  
Art. 492. (1) At the beginning of the working day after the elapse of the term for submission of 
bidding offers, the bailiff shall announce, at the appointed place in the premises of the regional court, the 
received bidding offers in the presence of the present bidders for which written records shall be worked out. 
Entered in the written records shall be the bidders and the bidding offers by the order of opening the 
envelopes. Entered in the written records shall be the bidders and the bidding offers by the order of opening 
the envelopes. As a purchaser of the estate shall be considered the bidder who has offered the highest price. 
If the highest price is offered by more than one bidder, the buyer shall be determined by the state or private 
bailiff by lot in the presence of the attending bidders. The announcement of the purchaser shall be made by 
the bailiff in the written records which shall be signed by him.
(2) If ,when the buyer is announced, someone from the present bidders verbally offers a price 
higher than the amount of a carnet, the bailiff shall indicate the offer in the protocol and after the bidder 
signs it, the bailiff shall ask three times if there are persons wishing to offer a higher price than the amount 
of one additional carnet. If an offer comes, it shall be indicated in the protocol and the bidder shall sign it. 
After the end of the offers, the bidder who offered the higher price shall be announced as a purchaser.
(3) (Amend. – SG 86/17) The perchaser shall be obliged, within two weeks of his announcement as 
such, to deposit the price offered by him, whereby deducting the submitted deposit.
 
Next purchaser  
Art. 493. If the price is not deposed within the term of Art. 492, Para 3 :
1. (suppl. – SG 86/17) the deposit made by the bidder shall serve to satisfy the creditors, and where 
the bidder is a creditor, his claim shall be reduced by the amount of one deposit;
2. (amend. – SG 100/10, in force from 21.12.2010) the state or private bailiff shall announce as a 
purchaser of the estate this bidder who has offered the following highest price, if the bidder fails to deposit 
the offered by him price within a term of seven days from the moment he was announced a purchaser, the 
bailiff shall announce as a purchaser the bidder, who has made the following price offer, and shall do so, if 
needed, until the exhaustion of all bidders, that have offered a price equal to the valuation; the bidder that 
has been announced as a purchaser but fails to deposit in time the offered price, shall be responsible under 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.item 1, after the price is paid by a bidder, who has been announced as a purchaser and the paid initial deposit 
shall be paid back to the bidders who have not been announced purchasers.
 
New sale 
Art. 494. (1) If no bidders have appeared or no valid bidding offers have been made or if the 
purchaser has not deposited the price and the estate could not have been assigned by the procedure of Art. 
493, item 2 , the appellant shall be entitled, within a term of seven days from the notification, to request the 
conduct of a new sale.
(2) (Amend. and suppl. – SG 86/17) The new sale shall be carried out by the rules of the first sale. 
It shall begin not earlier than six months from the conclusion of the first sale at a price equal to 90 percent of 
the valuation. If the property is not sold again, and within one week from the notification a determination of 
a new initial price is not required, it shall be released from execution and the distraint shall be deleted at a 
request of the bailiff.
 
Payment of the price by the creditor  
Art. 495. (amend. – SG 100.10, in force from 21.12. 2010, amend. – SG 86/17) The creditor 
announced for a purchaser of the estate, shall within two weeks from entry into force of the distribution to 
depose the amount needed for payment of the proportional parts of the receivables of the other creditors, or 
the amount by which the price exceeds his receivable, if there are no other creditors. If he does not pay this 
amount, he shall be liable for the damages and the expenses for the sale, and for the estate Art. 493, item 2  
and Art. 494, Para 2  shall be applied respectively.
 
Decree of assignment  
Art. 496. (1) Where the person announced as a purchaser under the procedure of Art. 492 – 494 
deposits the due amount within the term, the bailiff shall assign to him the estate by a decree.
(2) (suppl. - SG 49/12) From the day of the entering into force of the decree of assignment the 
purchaser shall obtain all rights, which the debtor had over the estate. The rights which third persons have 
obtained over the estate may not be counter-claimed against the purchaser, if these rights cannot be counter-
claimed against the creditors.
(3) If the assignment is not appealed, the validity of the sale may be contested under a claim 
procedure only if Art. 490 is violated and if the price is not paid. In the latter case, the purchaser may 
prevent the recognition of the claim, if he deposits the due amount with the interest, calculated from the day 
on which he was announced as a purchaser.
 
Announcement of a new sale  
Art. 497. If the decree for assignment is revoked or if the sale is pronounced invalid under Art. 
496, Para 3 , the new sale shall be executed after a new announcement.
 
Entry into procession of the purchaser  
Art. 498. (1) The purchaser shall be put in possession of the estate by the bailiff on the grounds of 
the enforced decree of assignment. The purchaser shall present a certificate for the charges paid for the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.transfer of the estate and the entry made of the same decree.
(2) The putting in possession shall be carried out against any person that is in possession of the 
estate. This person may defend itself only through a claim for ownership.
(3) (New – SG 86/17) Paragraph 2 shall also apply to persons who have entered rent and lease 
contracts after the first mortgage, as well as all agreements granting the use and management of the 
property.
 
Return of the received in the event of court eviction  
Art. 499. (1) (1) If by an effective decision it is ascertained that the debtor has not been owner of 
the sold estate, the purchaser may require the price he has deposited, if it is not paid off yet to the creditors, 
and if it has been paid off, he may require from any one of them, as well as from the debtor, what they have 
received. In both cases the purchaser shall be entitled to the interest and expenses for his participation in the 
sale. Besides, he shall be entitled to require from the municipality and the state the refund of the charges for 
the transfer that he has paid.
(2) The regional judge at the location of the estate shall issue a writ of execution for the refund of 
these amounts on the grounds of the distribution and of the certificate under Art. 498, Para 1 , if the persons, 
against which the writ is issued, have been involved in the lawsuit on which the decision was ruled. If the 
amount deposited by the purchaser has not been paid off, it shall be refunded to him by a payment order of 
the state or private bailiff.
(3) When the estate has been assigned to any creditor, he shall preserve his receivable against the 
debtor and shall be entitled to claim, under the procedure of Para 2, the amounts indicated in Para 1, without 
the expenses for his participation in the sale.
 
Sale of joint property estate  
Art. 500. (1) (1) Where enforcement is directed on an estate which is joint property, for a debt of 
any of the co-owners, the estate shall be inventoried entirely, but only the share of the debtor shall be sold
(2) The estate may be sold entirely as well, if the other co-owners agree to that in writing.
 
Sale of a mortgaged estate  
Art. 501. (1) In case of sale of a mortgaged estate, which is conducted not under the receivable of 
the mortgage creditor, the bailiff shall send him a notification of the schedule of the inventory and of the 
sale
(2) In the cases of Art. 494 and 495, the mortgage creditor, if he wishes so, may take part on equal 
terms with the other creditors.
 
Section II.  
Electronic public auctions (New - SG, 86/17)  
Electronic public auction  
Art. 501a. (New - SG 86/17) (1) (Amend. – SG 15/21) Movable and immovable property, available 
securities, a separate part of an enterprise, as well as the rights to objects of industrial property, on which 
enforcement is directed, can be sold under the rules of an electronic public auction.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) Upon written request of a party to the enforcement proceedings, the bailiff shall conduct an 
electronic public auction. The bailiff may ex-officio decide that the item be sold at an electronic public 
auction.
(3) The purchase of items in the electronic public auction may be financed by a bank or credit 
institution registered under the Credit Institutions Act .
(4) (Repealed – SG 100/19)
(5) The Ministry of Justice shall establish and maintain a Unified Online Platform For Electronic 
Public Auctions.
(6) The Minister of Justice shall issue an Ordinance on the organization, rules and activities of the 
Online Platform For Electronic Public Auctions.
 
Determination of starting price and announcement of the auction  
Art. 501b. (New - SG 86/17) (1) The initial price of the items shall be determined by the order of 
Art. 468 and 485.
(2) The bailiff shall announce the sale under Art. 487 and the Online Platform For Electronic 
Public Auctions of the Ministry of Justice.
 
Place of the auction  
Art. 501c. (New - SG 86/17) (1) The place to hold the electronic public auction shall be the Online 
Platform For Electronic Public Auctions at the Ministry of Justice.
(2) The bidding at the electronic public auction shall continue for 7 days and shall end on the day 
specified in the announcement.
 
Registering bidders  
Art. 501d. (New - SG 86/17) (1) Each bidder shall submit a deposit in the amount under Art. 489, 
para. 1 to take part in the auction.
(2) The bidders' registration shall be done in the electronic environment with electronic signature or 
at a bailiff's office.
(3) The registration of the bidders for participation in the electronic auction shall last for one month 
and shall end at 17.00 on the day specified in the announcement.
(4) The bailiff engaged with the sale shall authorize, or refuse the authorization of, the registered 
bidder within 5 days of the bidder's registration. The bailiff shall refuse authorization, if no deposit has been 
paid, and in the cases under Art. 490, para. 1 .
 
Bid step 
Art. 501e. (New - SG 86/17) The step in conducting an electronic public auction shall represent a 
percentage of the initial price and shall be in the amount as follows:
1. at initial price of up to BGN 10 000 - 10 per cent of the initial price;
2. at initial price from BGN 10 000 to 100 000 - 5 per cent of the initial price;
3. at initial price over BGN 100 000 - 2 per cent of the initial price.
Holding an electronic public auction  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 501f. (New - SG 86/17) (1) Bidding at the electronic public auction shall continue for 7 days 
and shall end at 17.00 on the last day in the event where no new bidding offer has been submitted during the 
last 10 minutes of the auction.
(2) (Suppl. – SG 15/21) If a new bidding offer is submitted during the last 10 minutes of the 
auction, the auction shall be extended automatically for a further 10 minutes, but not more than 48 hours. 
The auction shall end after no bidding offer has been submitted in the last 10 minutes.
(3) Bidding proposals shall be increased by one step. The last price offered by a bidder shall be 
public on the online auction platform.
(4) After the end of the electronic public auction, the electronic auction platform shall automatically 
send a message to all authorized bidders on the obtained price of the property.
(5) (New – SG 15/21) On the first working day after the end of the bidding, the bailiff shall check 
all the circumstances of the auction and draw up a protocol with all the data on the requests for participation, 
authorized and unauthorized bidders with the reason thereof, submitted bids, the presence of any technical 
malfunctions during the bidding, announcing as buyer the bidder who offered the highest price. With the 
signing of the protocol by the bailiff, the electronic auction shall be considered completed. The protocol 
shall be immediately announced to the bidders in the unified online platform.
(6) (Prev. Para. 5 – SG 15/21) The full price shall be paid by the buyer announced within the term 
under Art. 492, Para. 3 . In the case of an announced buyer who is a creditor, Art. 495 shall apply.
(7) (Prev. Para. 6 – SG 15/21) In case of non-payment of the price, Art. 493 shall apply.
(8) (New – SG 15/21) Subsequent electronic auction shall be held under the terms of Art. 494 at 
the written request of a party in the enforcement proceedings.
 
Buying a property with a mortgage loan  
Art. 501g. (New - SG 86/17) (1) Purchase of immovable property from an electronic public auction 
may be financed by a credit institution registered under the Credit Institutions Act .
(2) Payment of the amount by which the purchase is credited shall be made by the credit institution 
at the bailiff's bank account specified in the public sale notice.
(3) In the event that the order for award is revoked under the procedure of Art. 435 et seq., the 
bailiff performing the sale shall return the amount received to the financing credit institution in accordance 
with the preceding paragraph.
(4) Upon application of the preceding paragraphs, at the written request of the financing credit 
institution, the bailiff shall enter, together with the order for assignment, a legal mortgage on the property.
 
Chapter fourty four.  
ENFORCEMENT ON ITEMS OF MATRIMONIAL PROPERTY  
Directing enforcement on a common item  
Art. 502. (1) Any enforcement of receivables against one of the spouses may be directed on an item 
which is matrimonial property. The spouse who is not a debtor can specify a property of the spouse-debtor 
on which the enforcement can be directed. If the specified property is available and the receivable can be 
collected thereof, upon taking the inventory, the enforcement regarding the part of the matrimonial property 
shall be stopped and it can continue if after the sale of the said property the receivable or a part of it remains 
unsatisfied.
(2) When the spouses agree that the enforcement be directed on an item determined by them, which 
is community property, Art. 443 shall apply.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Obligation to notify the spouse who is not indebted  
Art. 503. (1) Where the bailiff finds that the item on which the enforcement is directed is 
matrimonial property, he shall notify the spouse who is not indebted.
(2) The spouse who is not indebted may appeal the enforcement actions due to the non-observance 
of Art. 502.
(3) The spouse who is not indebted may contest the receivable on the same grounds and by the 
same procedure as the spouse-debtor, as well as may appeal the enforcement actions on the same grounds as 
the latter.
(4) The spouse who is not indebted may take part in the bidding during the public sale of the object
 
Sale of a common item  
Art. 504. (1) Where the enforcement is directed on item which is matrimonial property, after the 
sale of the itemthe bailiff shall pay off half of the received amount to the spouse who is not indebted, and 
shall deal with the remaining amount in accordance with Art. 455, Para 2  and Art. 460 - 464 .
(2) If the enforcement is directed on a real estate, Art. 500 shall apply.
 
Prevention of the sale and priority in the assignment  
Art. 505. (1) The spouse who is not indebted may prevent the sale of the movable item before its 
delivery into a shop or an exchange marker, respectively before the start of the public tender with verbal 
bidding, and for the public sale of a real estate – before the day, preceding the day of the sale, if, within one 
month from the valuation, he/she deposes into the account of the bailiff the equal value of the share of the 
spouse-debtor of the common item, per the determined price for sale in a shop, respectively per the price of 
the real estate.
(2) Where the spouse who is not indebted takes part in the bidding, he/she shall be declared 
purchaser if, at the time of drawing up the protocol of Art. 492, Para 1 , he declares that he wishes to buy 
the estate at the highest offered price
 
Equity of the shares  
Art. 506. In the cases of Art. 504 and 505 the spouse who is not indebted cannot oppose to the 
creditor the fact that, due to his/her contribution in the acquisition of the item, he/she is entitled to a bigger 
share than the spouse-debtor, and also the appellant cannot claim that, on the same grounds the share of the 
spouse-debtor is bigger.
 
Chapter fourty five.  
ENFORCEMENT ON RECEIVABLES OF THE DEBTOR  
Distraint of a receivable  
Art. 507. (1) The distraint notification to the third liable person shall be sent simultaneously with 
sending the invitation for voluntary performance to the debtor.
(2) It shall be forbidden to third liable person in the distraint notification to deliver the amounts or 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.objects it owes to the debtor. These objects should be specified precisely.
(3) From the day of receiving the distraint notification the third liable person shall have the duties 
of a keeper with regard to the objects or amounts he owes.
 
Garnishment of Account  
Art. 507a. (New - SG 86/17) (1) Garnishment of a debtor's bank account shall be imposed up to the 
amount of the debt in the enforcement proceedings.
(2) Where the bailiff has committed an obvious disparity within the meaning of Art. 442a , he shall 
be liable under Art. 441.
 
Obligations of the third person  
Art. 508. (1) (Amend. – SG 86/17) Within one week from serving the notification for distraint, the 
third person should notify the bailiff whether:
1. he acknowledges the receivable, on which the distraint is levied, is grounded and if he is ready to 
pay it off;
2. if there are any claims from other persons on the same receivable ;
3.if any distraint has been levied under other writs of execution on that receivable and on what 
claims.
4. (new - SG 86/17) he transfers amounts to a bank account of the debtor, the bank in which the 
account is opened, and the amount of the sum.
(2) The invitation for giving these explanations shall be made in the same notification for levying 
the distraint.
(3) If the third person does not contest his liability, he should deposit the sum he owes into the 
account of the bailiff or deliver to him the distrained items.
 
Distraint on a receivable secured by a pledge or a mortgage  
Art. 509. (1) If the distrained receivable is secured by a pledge, it shall be ordered to the person that 
holds the pledged object not to give it to the debtor, but to give it to the bailiff, if the third liable person 
acknowledges the debt.
(2) If the distrained receivable is secured by a mortgage, the distraint shall be noted in the 
respective book at the office in charge of entries.
 
Assignment for collection or instead of payment  
Art. 510. The distrained receivable shall be granted to the creditor for collection or, at his request, 
shall be given to him instead of a payment. Where the creditors to the enforcement case are several persons, 
the receivable shall be granted for collection to the creditor, at whose request the case was initiated, and if he 
does not wish so - to another creditor that makes a request to that effect.
 
Enforcement on the delivered items  
Art. 511. The enforcement on the items which the third liable person delivers or has been sued to 
deliver shall be directed under the procedure of Art. 465- 482 .
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Distraint on a labour remuneration  
Art. 512. (1) The distraint on a labour remuneration shall be valid not only for the remuneration, 
specified in the distraint notification, but for any other remuneration of the debtor, received for the same 
work or some other work done for the same employer or enterprise
(2) (New - SG 86/17) The third obliged person shall notify the bailiff of the circumstances under 
Art. 508, Para. 1 .
(3) (Previous Para. 2 - SG 86/17) If the debtor changes his work for some other employer or 
enterprise, the distraint notification shall be forwarded there by the person that initially received it, and shall 
be considered as sent by the bailiff. The third liable person shall notify the bailiff of the new work of the 
debtor and of the amount of the sum, deducted until his resignation.
(4) (Previous Para. 3 - SG 86/17) Any person that pays labour remuneration to the debtor to the 
execution, in spite of the levied distraint, and without deducting the amount under the distraint, shall be 
personally liable to the creditor for that amount jointly with the third liable person.
(5) (Previous Para. 4 - SG 86/17) The distraint notification of a receivable for support money shall 
be entered on the record of service of the debtor by the person that pays the labour remuneration. When the 
debtor changes his work in some other employer or for another employer institution, the deductions from his 
remuneration shall continue on the grounds of this entry, even if no other distraint notification has been 
received.
(6) (Previous Para. 5 - SG 86/17) The entry shall be deleted by order of the bailiff that has levied 
the distraint
(7) (Previous Para. 6 - SG 86/17) If, after the levying of the distraint on the labour remuneration the 
debtor leaves his work and fails to notify the state or private bailiff within a term of one month of his new 
work, the bailiff shall impose a fine of up to 200 BGN on him.
 
Liability of the creditor for collection of the receivable  
Art. 513. This creditor, who delays the collection of the receivable granted to him, shall be 
responsible before the debtor to the writ of execution for the damages which are direct and immediate 
consequence of the delay.
 
Expenses for collection of the assigned receivable  
Art. 514. The expenses that the creditor makes for the collection of the receivable assigned to him, 
shall remain for his account. He shall be obliged to give the bailiff a precise account for the collected 
amounts.
 
Enforcement on registered material securities  
Art. 515. (1) (Suppl. - SG 86/17) The attachment to available securities shall be done through an 
inventory and seizure by the bailiff who puts them in a bank. If the bailiff does not find the securities in the 
custody of the debtor, the bailiff shall invite the debtor to forward them within two weeks. For the securities 
submitted to him, the bailiff shall draw up a protocol. If the debtor fails to submit the securities within the 
given term, the bailiff shall authorize the creditor requesting enforcement on the securities to file a request 
under Art. 560 for their invalidation. Upon a ruling to invalidate the securities, the bailiff shall carry out a 
sale under the procedure of para. 4 on the basis of the invalidation judgement. In the event that the debtor 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.under Art. 564, para. 1  deposits the securities in court or in a bank, the court shall terminate the 
proceedings for invalidation, and shall order the securities to be transferred to the bailiff. In the event where 
the request for invalidation is challenged by a third party who declares separate rights on the securities, the 
procedure under Art. 564, para. 2  shall apply.
(2) (Suppl. - SG 86/17) When garnishment is imposed on registered shares or bonds, the bailiff 
shall notify the company thereof. Garnishment shall enter into effect for the company from receiving the 
notice thereof. Garnishment shall cover all proprietary rights in the security. If the bailiff can not detect the 
available registered shares or bonds, and they are not transmitted voluntarily by the debtor under para. 1, the 
bailiff shall order the company to issue a duplicate of the same on the basis of which enforcement is 
performed. If the company's management body refuses or fails to issue a duplicate, the bailiff shall impose a 
fine under Art. 93, para. 1, item 3  and shall authorize the creditor to file a request under Art. 560. The 
order of invalidation of securities in this case shall apply respectively to the registered securities available.
(3) After imposing the attachment, the creditor may request:
1. assignment of the security receivable for collection or for payment;
2. the holding of a public sale.
(4) (Suppl. - SG 86/17) The available securities shall be sold by the bailiff in accordance with the 
rules for public sale of property under this Code, separately and in packages. The bailiff shall transfer each 
security in the appropriate manner and shall submit it to the purchaser after the awarding decree enters into 
force. Where the security is transferred with endorsment, the order of endorsments shall not be interrupted. 
Where enforcement is done on the basis of a ruling to invalidate the securities, the purchaser shall present 
themselves to the company and to any third parties by providing the effective awarding decree. On the basis 
of the effective awarding decree, the purchaser may request the company's management bodies to issue him 
a duplicate of the securities.
 
Enforcement on dematerialized securities  
Art. 516. (1) (Amend. – 83/19, in force from 22.10.2019) Distraint on dematerialized securities 
shall be imposed by sending a distraint notification to the Central register of securities, simultaneously 
informing the company. The Central register of securities shall inform immediately the respective central 
depositary of securities where those are registered, and the respective regulated market about the imposed 
distraint.
(2) Distraint on state securities shall be imposed by sending a distraint notification to the person 
keeping a register of state securities.
(3) The distraint shall have an effect from the moment of serving the distraint notification and shall 
comprise all material rights on the security.
(4) (Amend. and suppl. – 83/19, in force from 22.10.2019) The central register of securities and, 
where applicable, the relevant central depositary of securities where the securities are registered, and the 
person keeping register of state securities shall be obliged, within the term of Art. 508, to inform the bailiff 
what securities are possessed by the debtor, whether other distraints have been imposed and on what claims.
(5) From the moment of receipt of the distraint notification the dematerialized securities shall be 
passed on at the disposal of the bailiff.
(6) After the imposing of the distraint, the creditor may require:
1. assignment of the receivable from the security for collection or instead payment;
2. conducting of a public sale.
(7) The dematerialized securities shall be sold through a bank under the procedure established for 
them. The bailiff shall act on his behalf and for the account of the debtor.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Enforcement on a share of a trade company  
Art. 517. (1) Distraint on a share of a trade company shall be imposed by sending a distraint 
notification to the Registry Agency. The distraint shall be entered under the procedure of registration of a 
pledge on a share of a trade company and shall have effect from the moment of its entry. The Registry 
Agency shall inform the company about the registered distraint.
(2) When the enforcement is directed on a share of a general partner, the bailiff, by ascertaining the 
fulfilment of the requirements under Art. 96, Para 1 of the Commerce Act , shall present to the company 
and to the remaining general partners the statement of the appellant for termination of the company. Upon 
expiration of six months the bailiff shall empower the creditor to lay a claim before the district court at the 
main office of the company for its termination. The court shall reject the claim if it finds that the receivable 
of the creditor has been remedied. If it finds that the claim is grounded, the court shall terminate the 
company. The termination shall be registered ex-officio into the commercial register, after which a 
liquidation shall be carried out.
(3) When the enforcement is directed on a share of a limited partner the bailiff shall serve to the 
company the statement of the creditor for termination of the participation of the debtor in the company. 
Upon expiration of three months the bailiff shall empower the creditor to lay a claim before the district court 
at the main office of the company for its termination. The court shall reject the claim if it finds that the 
company has paid to the creditor the share of the property belonging to the partner, determined according to 
Art. 125, Para 3 of the Commerce Act . If it finds that the claim is grounded the court shall terminate the 
company .The termination shall be registered ex-officio, after which liquidation shall be carried out.
(4) If the enforcement is directed on all of the shares of the company, the claim for its termination 
may be submitted after the distraint is registered and without observing the requirements of Art. 96, Para 1 
of the Commerce Act , without serving of a statement for termination of the company or of the participation 
of the debtors in the company. The court shall deny the claim if it finds that the receivable of the creditor is 
satisfied before the end of the first session on the lawsuit. If it finds that the claim is grounded, the court 
shall terminate the company and this shall be registered ex-officio into the commercial register, after which 
liquidation shall be carried out.
 
Enforcement on a separate part of an enterprise  
Art. 517a. (New - SG 86/17) At the request of the creditor, the enforcement may also be directed to 
a separate part of an enterprise within the meaning of § 1a of the Additional Provisions of the Commerce 
Act. The sale of a separate part shall be carried out in the order of the public sale of a real estate.
 
Execution on common deposit  
Art. 518. The enforcement on a receivable against one of the spouses may be directed also on the 
half of the money deposit belonging to matrimonial property. The other half shall become a personal deposit 
of the spouse who is not indebted. The provisions of Art. 503 and 506 shall be applied respectively to this 
execution as well.
 
Chapter fourty five "a".  
ENFORCEMENT OVER INDUSTRIAL PROPERTY RIGHTS OF THE DEBTOR (NEW - SG 86 
OF 2017)  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Enforcement over industrial property rights  
Art. 518a. (New - SG 86/17) (1) Enforcement may be directed at the right of brand, patent, utility 
model, industrial design, integrated circuit topology and certificate of plant variety and animal breed. The 
sale of these rights shall be performed by the bailiff in the order of the public sale of immovable property 
under this Code, whereby the starting price being determined by the order of Art. 468 and 485.
(2) In order to secure the claim of the creditor, the bailiff may impose attachment of the debtor's 
right on the respective site, which shall be entered in the state register kept for the respective site.
(3) The collateral under para. 2 shall have effect vis-à-vis the owner of the site or the licensee 
holding exclusive licensee from the date of receipt of the notice of attachment, and in respect of third parties 
- from the date of entry of the attachment into the state register kept for the respective site.
(4) The sale shall be entered in the state register at the request of the purchaser or the bailiff, to 
which a certified copy of the enacting awarding decree shall be enclosed. A new certificate shall be issued to 
the new owner.
(5) The sale shall have effect in relation to third parties from the date of its entry in the state register 
kept for the respective site, unless the special law provides for the effect of the transfer of rights to occur 
from the promulgation.
(6) (Amend. - SG 98/19) In the case of enforcement on industrial property sites, the rules of Art. 23 
of the Trademarks and Geographical Indications Act shall find respective application, as well as Art. 4 of 
the Act on Patents and Registration of Utility Models , Art. 24 of the Industrial Design Act , Art. 19 of 
the Act on Topography of Integrated Circuits  and Art. 6 of the Act on Protection of New Plant 
Varieties and Animal Breeds .
 
Chapter fourty six.  
ENFORCEMENT AGAINST STATE INSTITUTIONS, MUNICIAPLITIES AND 
ESTABLISHMENTS SUBSIDIZED BY THE BUDGET  
Enforcement against state institutions (Title suppl. – SG 13/10; the amendment as of SG 13/10 
has been declared unconstitutional by Decision No 15 of 210 of the Constitutional Court, SG 5/11)  
Art. 519. (1) (suppl. – SG 13/10; the amendment as of SG 13/10 has been declared unconstitutional 
by Decision No 15 of 2010 of the Constitutional Court, SG 5/11) Execution of monetary receivables against 
state institutions and municipalities  shall not be admitted.
(2) (suppl. – SG 13/10; the amendment as of SG 13/10 has been declared unconstitutional by 
Decision No 15 of 210 of the Constitutional Court, SG 5/11, amend. – SG 42/18) The monetary receivables 
against state institutions shall be paid off from the funds envisaged for that from their budget. For that 
purpose the writ of execution shall be submitted to the financial body of the respective institution. If such 
funds are not available, the first-level spending manager concerned shall take the necessary measures so as 
to make them available in the next budget at the latest.
 
Enforcement against municipalities and state-financed establishments (Title amend. – SG 
13/10; the amendment as of SG 13/10 has been declared unconstitutional by Decision No 15 of 210 of 
the Constitutional Court, SG 5/11)  
Art. 520. (1) (amend. – SG 13/10; the amendment as of SG 13/10 has been declared 
unconstitutional by Decision No 15 of 210 of the Constitutional Court, SG 5/11; amend. – SG 15/13, in 
force from 01.01.2014, amend. – SG 42/18) Enforcement on the funds in the bank accounts of 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.municipalities and other state-finance establishments, received as a subsidy, transfer or temporary non-
interest-bearing loan from the state budget, including through municipal budgets, or through other budgets, 
shall not be admitted.
(2) (new – SG 15/13, in force from 01.01.2014, suppl. – SG 42/18) Enforcement on the funds from 
the European Union and the ones received under other international programmes and municipality 
agreements shall not be allowed, and on their associated national co-financing, as well as on funds from pre-
financing when they are provided at the expense of the state budget, including through accounts for EU 
funds.
(3) (prev. text of para 2 – SG 15/13, in force from 01.01.2014) The enforcement of monetary 
receivables on other property – private ownership of the debtors of Para 1 shall be executed under the rules 
of this Division.
 
Division three.  
ENFORCEMENT ON NON-MONETARY RECEIVABLES  
Chapter fourty seven.  
COMPULSORY SEIZURE OF OBJECTS  
Delivery of a movable object  
Art. 521. (1) The awarded movable object, which after a demand by the bailiff is not delivered 
voluntarily by the debtor, shall be taken away from him by force and shall be delivered to the creditor.
(2) If the object is not with the debtor or if it is damaged, its equivalent shall be collected from him. 
It shall be proceeded in the same way when only a part of the object is found. If the equivalent of the object 
is not indicated in the writ of execution, it shall be determined by the court that has issued the writ, after 
hearing the parties and in case of need after interrogation of witnesses and experts as well.
(3) The decree for determination of the equivalent shall be subject to appeal under Art. 436. The 
appeal of the decree shall not suspend the collection of the equivalent, but the court mat rule the suspension. 
The court shall hear the complaint at an open session, where the debtor and the creditor are summoned. The 
decision shall be subject to appeal before the court of appeal, whose decision shall not be subject to appeal.
 
Entry into possession  
Art. 522. (1) The person to which a real estate has been awarded shall be put in possession. The 
bailiff shall appoint day and time of entry and shall notify of this the parties. The protocol for putting in 
possession shall be written by the bailiff at the place itself. If the debtor does not leave the estate voluntarily, 
he shall be removed from it by force.
(2) The decisions under Art. 349 shall be executed after the payment to the other co-partitioners of 
the respective shares of the value of the estate is made.
 
Entry against third persons  
Art. 523.(1) ) If the bailiff finds that the awarded real estate is in possession of a third person and if 
he convinces himself that this person has acquired the possession of the estate after the initiation of the case, 
under which the executed decision has been issued, he shall put the creditor in possession of the estate, by 
indicating in the pronouncement the manner, in which he has convinced himself of when the third person 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.has acquired the possession.
(2) If this third person claims over the awarded estate any rights, that exclude the rights of the 
creditor, the bailiff shall postpone the execution and shall grant the third person a term of three days to 
request from the regional court suspension of the execution.
 
Suspension of the entry  
Art. 524. Along with the application for suspension, the third person shall present written evidence 
for the right he claims over the estate. The application shall be considered at an open session by summoning 
the creditor, the debtor and the third person. If the court finds it well-grounded it shall stop the execution and 
shall grant the third person a term of one week to lodge a claim at the due court. If within the term granted 
the third person fails to lodge a claim, the suspension shall be cancelled upon the request of the creditor.
 
Wilfully regaining of the possession  
Art. 525. (1) When the person who has been put out of possession regains its possession over the 
estate wilfully, no matter how, the bailiff shall again, upon the request of the creditor, put him out of 
possession over it.
(2)) The same person shall also bear penal responsibility under Art. 323, Para 2 of the Penal Code
.
 
Chapter fourty eight.  
ENFORCEMENT OF A DEFINITE ACTION  
Enforcement of an obligation for action which can be substituted  
Art. 526. (1) Where the debtor fails to perform an action which he has been sued to perform and 
which action may be performed by another person, the creditor may demand from the bailiff to authorise 
him to perform the action for the account of the debtor.
(2) The creditor may demand from the court that the debtor be sentenced to deposit in advance the 
amount, which is necessary for performing the action.
 
Enforcement of obligation for action which cannot be substituted and for inaction  
Art. 527. (1) If the action cannot be performed by another person, but it depends exclusively on the 
will of the debtor, the bailiff, at the request of the creditor, shall compel the debtor to perform the action, by 
imposing on him a fine of up to 200 BGN. If even after that the debtor fails to perform the action, the bailiff 
shall impose on him consecutively new fines up to the same amount.
(2) The rule of Para 1 shall not be applied for the obligations of workers, resulting from a labour 
contract.
(3) Where the debtor does the contrary to what he is obliged by the decision to do or endure, the 
bailiff, at the request of the creditor, shall impose on him for every breach of that obligation a fine of up to 
400 BGN.
(4) The actions of the bailiff for the authorisation and the imposing of fines shall be subject to 
appeal under the procedure of Art. 435 – 438 .
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Enforcement of obligation to transfer a child  
Art. 528. (1) Where the bailiff initiates the enforcement of transfer of a child, as well as of the 
following return of the child, he shall invite the debtor to perform voluntarily at the appointed place and 
time. The invitation for voluntarily execution shall be served on the debtor, if possible, two weeks, but not 
later than one week before the determined time for the transfer of the child.
(2) Within three days from serving of the invitation, the debtor shall notify the bailiff about:
1. if he/she is ready to transfer the child at the appointed time and place;
2. what obstacles for the timely performance of the obligation exist;
3. where and when he/she is ready to transfer the child.
(3) For failure to perform the obligation under Para 2, the bailiff shall impose a fine to the debtor as 
per Art. 527, Para 3 , and if needed shall pronounce the compulsory bringing.
(4) (amend. – SG 53/14) The bailiff mat require from the Social Support Directorate assistance in 
order to remove the obstacles for the timely execution of the obligation, and to clarify to the debtor, and if 
needed to the child the advantages of the voluntary performance and the negative consequences of the 
failure to fulfil the court decision. The bailiff may require from the Social Support Directorate to undertake 
appropriate measures under Art. 23 of the Child Protection Act . And if necessary – from the police 
authorities- for undertaking measures under Art. 65 of the Ministry of Interior Act .
(5) (Amend. - SG 86/17) If the debtor fails to oblige voluntarily, the bailiff may impose a fine 
under Art. 527, para. 3  for each failure, as well as with the assistance of the police authorities and the 
mayor of the municipality, district or city hall to take the child away forcibly and hand it over to the creditor.
(6) (New - SG 86/17) Upon entry into force of the decree imposing a fine, the same shall be sent to 
the National Revenue Agency, which shall assign to the bailiff its collection under the provisions of this 
Code.
 
Arrest in event of himdering the enforcement  
Art. 529. If the debtor places obstacles to the enforcement, the police authorities shall arrest him 
and shall immediately notify the prosecution.
 
Part six. 
PROTECTIVE PROCEDURES  
Chapter fourty nine.  
GENERAL RULES  
Applicable provisions  
Art. 530. The envisaged in this Act and in other laws protective procedures shall be settled under 
the rules of this Chapter, as far as peculiar rules have not been established for them.
 
Jurisdiction for the application for assistance  
Art. 531. (1) The protective procedure shall be initiated by an application in writing from the 
interested person.
(2) The application shall be filed at the regional court in whose region is the place of residence of 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.the applicant. If there are several applicants and they have different place of residence, it shall be filed at the 
court at the place of residence of one of them.
 
Consideration of the application at a closed session  
Art. 532. The application shall be considered at a closed session, unless the court assesses that for 
the regular settlement of the case it is necessary that it be considered at an open session.
 
Ex-officio verification  
Art. 533. The court shall be obliged to varify ex-officio if the conditions for the issue of the 
requested act exist. It may, on its initiative, collect evidence and take into consideration any facts which 
were not pointed out by the applicant.
 
Appearing in person and declaring circumstances  
Art. 534. The court may rule that the applicant appear in person. It may require the applicant to 
confirm by form of a declaration the veracity of the circumstances he has set forth.
 
Use of evidence  
Art. 535. The court may also base its arguments on witness testimony given to other authorities, as 
well as to assign to another court or police authorities, or municipalities, the gathering of the necessary 
evidence.
 
Suspension of proceedings  
Art. 536. (1) The protective procedure shall be suspended, if:
1. there is a lawsuit with regard to a legal relation, which is a condition for the issuance of the 
requested act, or which is subject to ascertainment with this act;
2. under the application for the issue of the act a civil law dispute arises between the applicant and 
another person, that opposes the application. In this case the court shall grant to the applicant a month's term 
for lodging the claim. The procedure shall be terminated, if the claim fails to be lodged.
(2) The effective judgement on the dispute shall be obligatory for the settlement of the protective 
procedure under the conditions and within the limits of Art. 298
(3) (new – SG 99/2012, amend. and suppl. – SG 38/19, in force from 10.05.2019) The protective 
procedure as per Para 1 shall be suspended, if conditions for the issuance of the required act, in the cases of 
Art.19. Para 6 of the Commercial Register and the register of non-profit legal entities  Act, are present. 
The court's resolution for suspension shall be subject to appeal under Chapter Twenty One .
 
Contest of the protective act  
Art. 537. (1) The judgement by which the application for the issue of the requested act is granted, 
shall not be subject to appeal.
(2) Where the act under Para 1 affects the rights of third persons, the arising from this dispute, if it 
is for a civil right, shall be settled under the claim procedure. The claim shall be lodged against the persons 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.who benefit the act. In case that the claim is recognised, the issued act shall be revoked or amended.
(3) The prosecutor may submit a claim for revocation of the issued act, where it is issued offending 
the law. The claim shall be directed against the persons, who benefit the act.
 
Appellation of a refusal  
Art. 538. (1) The refusal to issue the act shall be subject to appeal within one week term from the 
decision was served on the party.
(2) The complaint shall be submitted through the regional court. It may be grounded on new facts 
and evidence. The consideration of the complaint shall be carried out under the procedure of Art. 278.
(3) The decision by which the application is rejected shall not prevent from filing a second 
application before the same court for the issue of the same act.
 
Termination of the procedure  
Art. 539. (1) The protective procedure shall be terminated if:
1. the application to issue the act is withdrawn;
2. the applicant is not found at the address he/she stated.
(2) The ruling by which the procedure is terminated shall be subject to appeal by a private 
complaint.
 
Application of the rules of claim procedure  
Art. 540. Applied to the protective procedure, in addition to the general rules of this Code, shall be 
respectively the rules of the claim procedure, except for Art. 207- 266  and Art. 303 – 388 .
 
Expenses  
Art. 541. The expenses for the protective procedure shall be on the account of the applicant.
 
Chapter fifty.  
ASCERTAINMENT OF FACTS  
Scope of application  
Art. 542. (1) (prev. text of Art. 542 – SG 19/09) Where the law provides that a certain fact of legal 
significance should be certified by a document executed by a due procedure (such as certificate of graduated 
education, certificate of civil status, etc.) and such a document has not been executed and cannot be 
executed, or the one that was executed has been destroyed or lost, without the possibility of being restored, 
the person that benefits from this fact, may request that the regional court ascertains the fact, and where this 
is necessary, orders that the respective document is executed.
(2) (new – SG 19/09) In case of destroyed or lost civil status register, without the possibility of 
being restored, the mayor of municipality may request that the regional court ascertains the fact and orders 
the respective register is drawn up.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Contents of the application  
Art. 543. Indicated in the application should be the following:
1. with what purpose the applicant demands the ascertainment of the respective fact;
2. the reasons for which the document has not been executed or for which its restoration is 
impossible. These reasons should be proved by official documents and
3. evidence for the fact which is subject to ascertainment.
 
Consideration of the application  
Art. 544. (1) The application shall be considered at an open session by summoning the applicant 
and the persons, organisations and institutions that are interested in ascertaining the fact. Besides, the 
prosecutor shall be summoned as well.
(2) The following persons shall be considered as interested:
1. the persons whose relations with the applicant depend on the fact, which is subject to 
ascertainment;
2. the organisations and institutions, that should have executed the document or that are not in a 
position to restore it and
2. the organisations and institutions, before which the applicant wants to use the ascertainment, 
ruled by the court.
(3) If the interested person is not alive, summoned shall be his heirs. The interested organisations or 
institutions under Para 2 may be represented also by their local units.
(4) (new – SG 19/09; amend. - SG 66/13, in force from 26.07.2013; amend. – SG 98/14) In the 
cases under Art. 542, Para 2  the court shall summon the Ministry of Regional Development and Public 
Works. The Ministry of Regional Development and Public Works shall provide the information from the 
Unified System for Civil Registration and Administrative Services for the Population, which is relevant for 
the respective register.
 
Ascertainment of graduated education  
Art. 545. (1) When the applicant wishes to ascertain that he has graduated education at any 
educational institution, the court may use for ascertaining this fact, besides the other evidence, also the 
conclusion of experts with regard to the training of the applicant.
(2) In the case of Para 1, as an interested institution under Art. 544, Para 2, item 2  shall be 
summoned this institution under whose supreme administration is the educational institution under Para 1.
 
Content and effect of the judgement  
Art. 546. (1) Pointed out in the judgement of the court should be the fact ascertained by the court 
and the evidence, on which ground this fact has been ascertained.
(2) The judgement by which the court passes judgement on the application may be appealed under 
the general procedure.
(3) The judgement shall not have force of proof for those interested persons, organisations or 
institutions under Art. 544, which have not been summoned to take part in the proceedings, if they contest 
the fact.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Application of the procedure for removing mistakes  
Art. 547. Any mistakes made in the documents under Art. 542 may be rectified by the same 
procedure and with the same consequences, when the laws make no provisions for another procedure for 
rectifying these mistakes
 
Ascertaining of facts occurred abroad  
Art. 548. Where the facts under Art. 542 have occurred abroad, their ascertaining may be requested 
under the procedure of this Chapter, only if it is proved, that the applicant cannot obtain the necessary 
document or its substituting certification from the bodies of the foreign country, in whose territory the fact 
has occurred. The proving of this obstacle shall be made with documents issued by the due bodies of the 
foreign country, or with a certificate from the Ministry of Foreign Affairs, that the bodies of the foreign 
country have refused to consider the application of the interested person or that it is not possible to make 
such a demand.
 
Chapter fifty one.  
ANNOUNCING OF ABSENCE OR DEATH  
Jurisdiction and content of the application  
Art. 549. (1) The application for announcing the absence or the death of a person shall be within the 
jurisdiction of the regional court at the last residence of the person who has disappeared and in the absence 
of such - at the place where the person has lived immediately before disappearing.
(2) Pointed out in the application should be the presumable heirs of the absent person and his 
lawyer or legal representative, if any.
 
Consideration of the application  
Art. 550. (1) (amend. – SG 69/08) The court shall, at a closed session, rule on the collection of 
information about the absent person from his relatives, from the municipality, region or city-council, from 
the Ministry of Interior and from any other relevant source.
(2) The court shall send an abstract of the application to the municipality, region, or to the city-
council at the last home of the absent person where he lived before he disappeared. This abstract shall be 
served to the persons under Art. 549, Para 2 .
(3) The court shall pass judgement on the application for announcing the absence or death, after 
hearing the prosecutor and the persons pointed out in art. 549, par. 2 , as well as the other interested 
persons.
 
Execution of a certificate of death  
Art. 551. On the grounds of the decision, by which the death of a person has been announced, a 
death certificate shall be executed at the last place of residence of the person, or at the place where he lived 
immediately before he disappeared.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Revocation of the decision  
Art. 552. (1) The decision for announcing the absence or death of a person may be revoked or 
amended at the request of any interested person or at the request of the prosecutor, if it has been ascertained 
that the absent person is alive or that the exact date of his death is different from the one announced by the 
court.
(2) The claim under Para 1 shall be submitted against the party who required the announcement of 
the absence or of the death, and against the persons who benefit from the respective act.
 
Chapter fifty two.  
PROCEEDINGS UNDER AN OPENED INHERITANCE  
Competence per place  
Art. 553. The property that has remained after the death of a person shall be sealed by the regional 
judge in the cases provided for by the law at the place where the inheritance was opened or where the 
property is located.
(2) The regional judge may assign to the municipality or to the city-council through their 
authorities to carry out the sealing.
(3) Upon a request of the applicant, the sealing may be also assigned to the bailiff.
 
Entitled persons  
Art. 554. The sealing may be requested by:
1. anyone who claims to be entitled to inheritance;
2. any creditor that has a writ of execution against the dead person;
3. the prosecutor and the mayor of the municipality, region or city-council, when there are absent 
heirs.
 
Sealing 
Art. 555. A protocol shall be drawn up for the sealing, pointed out in which shall be the date, by 
whose order the sealing has been carried out, noting of the sealed premises, safes, boxes etc. and a short 
description of the unsealed objects. This protocol shall be signed by the officer and the attending parties.
 
Unsealing  
Art. 556. (1) Anyone who is entitled to request sealing, may request unsealing and taking of 
inventory of the property.
(2) The unsealing and the taking of the inventory shall be carried out by the regional court, and it 
may assign this following the procedure of Art. 553, Para 2 and 3 .
 
Taking inventory  
Art. 557. (1) A protocol of inventory shall be executed, where described shall be all objects in the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.order of unsealing. An expert may be appointed for valuation of the objects.
(2) The taking of the inventory may be attended by the heirs of the dead person and the creditors.
(3) Inventory may be taken without any sealing being carried out.
 
Delivery of the items  
Art. 558. The described items shall be delivered against a signature to the heirs or to someone of 
them, and if there are not any or if they do not wish to accept them, the items shall be delivered for keeping 
to a third person.
 
Notification about the inventory  
Art. 559. When the sealing, unsealing and taking of inventory are carried out by the municipality, 
region or city-council, the protocol shall be sent to the regional judge.
 
Chapter fifty three.  
INVALIDATION OF SECURITIES  
Subject-matter and prerequisites  
Art. 560. Any person that has a right over a security to order -promissory note, bill of exchange and 
others, or over a security of a bearer, may request its invalidation, if it has been deprived of the possession of 
it in spite of its will or if the security has been destroyed
 
Content of the application  
Art. 561. In his application the applicant should:
1. reproduce the security or point out everything that is necessary for determining its identity;
2. set forth the circumstances under which the security has been lost or destroyed, as well as the 
circumstances from which ensues his right over it, as well as
3. confirm the veracity of his assertions by an explicit declaration in the application.
 
Order to make no payments  
Art. 562. (1) If the application meets the requirements of Art. 561, the court at a closed session 
shall issue an order, which shall contain:
1. noting of the applicant;
2. invitation to the holder of the security to claim his rights until the day of the court session for the 
ruling on the invalidation pointed in the order, at the latest, with a warning that if he fails to do so, the 
security shall be invalidated;
3. an order to the payer to make no payments to the bearer of the security.
(2) The order shall be stuck in the place designated for that purpose in the court and shall be 
promulgated in the unofficial section of the State Gazette.
(3) A transcript of the order shall be sent to the payer.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Appointment of a session for invalidation  
Art. 563. The session for invalidation of a security shall be appointed not earlier than:
1. forty five days from the promulgation of the order of Art. 562, Para  2 or from the maturity date 
of the security, if the promulgation is made before the maturity date – for a security to order;
2. one year of the maturity of the first interest coupon after the promulgation of the order – for a 
security of a bearer, on which interest coupons have been issued;
3. one year from the maturity of the security – for security of a bearer, on which interest coupons 
have not been issued.
 
Contest of the appeal  
Art. 564. (1) The person that contests the application for invalidation shall be obliged to declare 
that before the court at the session at the latest and to deposit the security at the court or with a bank until the 
settlement of the dispute.
(2) In the case of Para 1 the court shall suspend the proceedings for invalidation and shall grant a 
month's term to the applicant to present evidence, that he has lodged a claim for ascertaining his right over 
the security. If that evidence for submission of a claim are not presented, the court shall terminate the 
invalidation proceedings.
 
Decision on invalidation  
Art. 565 (1) The decision on invalidation shall be ruled at an open session with summoning the 
applicant.
(2) The decision, by which the application for invalidation is rejected, may be appealed under the 
general procedure.
 
Realisation of the rights incorporated in the security  
Art. 566. After the invalidation of the security the applicant shall realise his rights incorporated in 
the security t on the grounds of the decision for invalidation. He may demand the issue of a duplicate on the 
grounds of that decision.
 
Rights of the owner of the security  
Art. 567. The person who owns the invalidated security, even if he has not claimed his rights over it 
in due time, may request the amount under the security from the person, upon whose request the invalidation 
has been ruled, if this person has not been entitled to request invalidation.
 
Revocation of the order to make no payments  
Art. 568. If the invalidation proceedings come to an end without the issue of a decision for 
invalidation, the order for non-payment shall be revoked ex officio by the court and the payer shall be 
notifies of it.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Chapter fifty four.  
NOTARY PROCEDURES  
Section I.  
GENERAL RULES  
Notary certificates  
Art. 569. Notary procedures shall be procedures under which order the following are carried out:
1. legal transactions with notary acts;
2. certification of a title to real estates, certification of the date, contents and signatures of private 
documents, as well as of the veracity of transcripts and excerpts of documents and papers;
3. notary invitations, protests, certificates, for appearance or non-appearance of persons before the 
notary for the performance of actions before him;
4. acceptance and return of documents and papers delivered for keeping;
5. the entries, notes and their striking off in the cases provided for by the law;
6. giving references under the notary books, including under Art. 577, Para 2;
7. issuance of certificate of encumbrances;
8. execution of other notary actions envisaged in a law
 
Competence per place  
Art. 570. (1) (suppl. – SG 50/08, in force from 01.03.2008) The notary acts for transfer of 
ownership or for the establishment of real rights over real estates and certification of ownership over such 
estates shall be executed by the notary public in whose region the estate is located. The entries, notes and 
erasures with regard to real estates shall be made under an order of the judge for the entries by the entries 
office, in whose region the estate is located.
(2) The other notary actions, as well as the wills, may be executed by any notary public irrespective 
of the relation between the region of his action and the notary certification.
 
Initiation of the notary procedure  
Art. 571. The notary procedure shall be initiated by a verbal application. The application should be 
in writing only in case where requested is the execution of a notary act for the transfer or establishment of a 
real right over a real estate, the certification of ownership over such an estate and entry, noting and erasure 
of an entry.
 
Parties to and participants in the notary procedure  
Art. 572. Parties to the notary procedure shall be the persons, on whose behalf the execution of the 
notary action is requested. Participants in the notary proceedings shall be the persons, whose personal 
statement is certified by the notary public.
 
Place and time of the notary certifications  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 573. (1) The notary public may not execute notary actions outside his region.
(2) (amend. – SG 50/08, in force from 01.03.2008) The issuance of notary acts which are subject to 
entry, shall be carried out only in the office of the notary public and during the working hours.
(3) The other notary proceedings may be executed also out of the office and during the non-
working hours, when valid reasons prevent from the appearance of the persons participating in the 
certification in the notary's office or necessitate the prompt execution of the notary action.
 
Lawfulness of the notary certifications  
Art. 574. Notary proceedings regarding transactions, documents or other actions contradicting the 
law, may not be executed.
 
Challenge of the notary public  
Art. 575. (1) The notary public may not execute notary actions where a party to the notary 
proceedings or a participant in them are the following: the notary public himself, his/her spouse or the 
person with whom he/she lives in a factual matrimonial cohabitation, his/her relatives by a direct ascending 
and descending line, those by lateral branch up to the forth degree, by marriage up to the first degree, as well 
as the persons, to which the notary public is a trustee, guardian, adopted or adopter or a person from 
accepting family.
(2) The prohibition of Para 1 shall be applied also in the cases, where the transaction or the 
document contains a provision to the benefit of any of the persons envisaged in Para 1.
 
Void notary certifications  
Art. 576. The notary action shall be null and void, if the notary public ahs not been entitled to 
execute it ( Art. 569, Art. 570, Para 1 , Art. 573, Para 1 , Art. 574 and Art. 575), as well as when upon its 
execution Art. 578 Para 4  (regarding the appearance of the participating persons), Art. 579, Art. 580, 
items 1, 3, 4 and 6 , Art. 582, Art. 583 and Art. 589, Para 2  have been violated.
 
Appeal of a refusal  
Art. 577. (1) The refusal to execute a notary certification shall be subject to appeal by a private 
complaint before the district court.
(2) For the refusals to execute an entry, noting or deletion separate registers shall be kept.
(3) Where the court revokes the refusal, the entry, noting and deletion shall be considered done at 
the moment of submission of the application for it.
 
Section II.  
Special Rules  
Form of the notary act  
Art. 578. (1) A draft of the act in two or more uniform copies shall be drawn up for the execution of 
a notary act. The form, appearance and size of the paper, on which the draft shall be written or typed, shall 
be determined by a pattern approved by the Minister of Justice.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(2) All copies of the draft should be executed clearly and legibly, be written by hand with black or 
blue ink or be typed.
(3) The figures, contained in the draft, should be written in words as well, when they refer to the 
contents of the transaction. The empty spaces should be crossed out.
(4) The persons or their lawyers, whose statements are contained in the draft, shall appear in person 
before the notary public who, before executing the act, shall check the identity, capacity and representative 
powers of the persons that have appeared before him.
(5) The identity of the persons who are not known to the notary public, shall be ascertained by 
identification documents. In the same manner the notary public shall certify whether the persons that have 
appeared before him have attained their majority age. In the case of absence of identification documents the 
person shall ascertain his/her identity by two witnesses with ascertained identity.
 
Issuance of a notary act  
Art. 579. (1) The notary public shall read to the participating persons the contents of the act. If they 
approve it, the act shall be signed by them before the notary public, and if it has already been signed, they 
shall write their full name and confirm their signatures.
(2) In case any of the participating persons cannot sign because of illiteracy or infirmity, Art. 189 
shall be applied, and the act shall not be countersigned by witnesses.
(3) When it is necessary to make any amendments, supplements or abbreviations in the act, an 
explicit note to that effect shall be made, that shall be signed as the act itself.
 
Content of the notary act  
Art. 580. The notary act shall contain:
1. the year, month, day and where it is necessary - also the hour and the place of its execution;
2. the name of the notary public, executing it;
3. (amend. and suppl. – SG 50/08, in force from 01.03.2008) the full name and the unified civil 
number of the persons who participate in the procedure, as well as the number, the date, the place and the 
body issued their identity document;
4. the substance of the act
5. short denotation of the documents, certifying the presence of the requirements under Art. 586, 
Para 1;
6. signature and written in full the name of the parties or their lawyers and a signature of the notary 
public.
 
Placing of the notary act  
Art. 581. After the execution of the act one of the copies thereof shall be placed in a special book 
for that purpose, and the other copies shall be given to the participating persons, charged as transcripts.
 
Translator  
Art. 582. (amend. – SG 50/08, in force from 01.03.2008) When some of the participating persons 
do not know Bulgarian, and the language which he/she uses is unknown to the notary public, he/she shall 
appoint a translator.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Participation of a deaf, dumb or illiterate person  
Art. 583. (1) When the participating person is literate, but dumb, deaf or deaf-and-dumb, the deaf 
person should alone read the document aloud and declare whether it agrees with its contents, and the dumb 
or deaf-and-dumb person should, after reading the document, write by its own hand in it, that he/she has 
read it and that he/she agrees with its content.
(2) (Amend. – SG 9/21, in force from 06.02.2021) Where the persons envisaged in Para 1 are 
illiterate, the notary public shall appoint an interpreter in Bulgarian sign language, through which the 
contents of the document shall be communicated to the deaf or deaf-and-dumb person and the approval of 
what is read by the dumb or deaf-and-dumb person shall be communicated as well. The notary public must 
convince himself in some way that the interpreter in Bulgarian sign language and those persons understand 
each other
(3) In the cases of Para 2, the notary public shall make a respective note in the act.
 
Incompatibility regarding witnesses, interpreters in Bulgarian sign language and translators 
(Title amend. - SG 9/21, in force from 06.02.2021)  
Art. 584. (Amend. – SG 9/21, in force from 06.02.2021) The following persons may not be 
witnesses, interpreters in Bulgarian sign language and translators:
1. the incapable persons;
2. those illiterate in Bulgarian language;
3. (amend. – SG 9/21, in force from 06.02.2021) those, who are in any of the relations specified in 
Art. 575 with the persons under Art. 572 or with the notary public; the interpreter in Bulgarian sign 
language may be a relative of the person participating in the proceedings;
4. the persons, to whose benefit there is a provision in the act;
5. the visually impaired, those unable to speak and hear;
6. the persons working in the notary's office and the employees in the office in charge of entries.
 
Participation of witnesses, interpreters in Bulgarian sign language and translators (Title 
amend. - SG 9/21, in force from 06.02.2021)  
Art. 585. (1) (Amend. – SG 9/21, in force from 06.02.2021) The witnesses, interpreters in 
Bulgarian sign language and translators shall give a promise that what they confirm before the notary public 
is true, in accordance with Art. 170.
(2) The persons of Para 1 shall sign the act.
 
Check of the ownership  
Art. 586. (1) Upon the execution of a notary act, by which ownership is being transferred or another 
real right over a real estate is being established, transferred, altered or terminated, the notary public shall 
check if the assignor is owner of the estate and whether the special requirements which the laws envisage for 
the conclusion of such transactions are present.
(2) The ownership shall be certified by the relevant documents. Where the assignor does not have 
such documents at his disposal, the ownership shall be checked following the procedure of Art. 587, Para 2 .
(3) The notary public shall certify in the act also the execution of the check under Para 1 by 
indicating the documents certifying the ownership and the other requirements.
(4) When the document for ownership of the assignor has not been entered, the notary act shall not 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.be executed, until that document is being entered.
 
Notary act of findings  
Art. 587. (1) When the owner of a real estate has no document for his right, he may obtain such, 
after having ascertained his right before the notary public with relevant written evidence.
(2) If the owner does not have such evidence at his disposal or if it is insufficient, the notary public 
shall make a circumstantial check up on the acquisition of the ownership by prescription through 
interrogation of three witnesses, determined by the mayor of the municipality, region or city-council or an 
official determined by him, in whose region the real estate is located. The witnesses shall be determined on 
instruction of the owner and should, if possible, be neighbours of the estate.
(3) On the base of the evidence under Para 1 and 2, the notary public shall pass a motivated decree. 
If by it the right of ownership is recognised, the notary public shall execute a notary act of ownership over 
the estate in favour of the applicant.
 
Content of the notary act of findings  
Art. 588. (1) The notary act of findings shall contain:
1. the requisites under Art. 580, item 1, 2 and 5  and a signature of the notary;
2. (suppl. – SG 50/08, in force from 01.03.2008) the full name and the unified civil number of the 
owner, the number, the date and the place and the body of issuance of his/her identity document;
3. a precise description of the real estate, including specification of the borders and its location.
(2) Upon issuance of a notary act of findings, provisions of Art. 578, Para 4 and 5 , Art. 579, 581, 
582 and 583 shall not be applied.
 
Submission of a private document for verification  
Art. 589. (1) Any person may present to the notary public a private document for verification of the 
date of its presentation before the notary public or of its contents.
(2) (amend. – SG 50/08, in force from 01.03.2008) Upon verification of the signature in a private 
document the persons, whose signatures are subject to verification should appear in person before the notary 
public and sign the document or confirm the already affixed signatures before him. If the document should 
be used to establish, amend or terminate rights over real estate, the persons shall write before the notary 
public their full name and put their signature, and if the signature has been already affixed, to write their full 
name and to confirm the signature. In this case Art. 578, Para 4 and 5 , Art. 579, Para 2  and Art. 582-585  
shall be applied.
(3) If the private document is in a foreign language and is not subject to entry, Art. 582 shall apply 
respectively.
 
Verification of the date, content and signatures of a private document  
Art. 590. (1) The verification of the date, contents and signatures of private documents shall be 
carried out with an inscription on the document. In this case, insofar as there are no special rules, Art. 580 
shall be applied.
(2) A note in a special register for such verifications shall be made for the verification of the date or 
signatures of private documents. Upon verification of the content of a document the applicant should present 
a transcript of the document. After the verification the transcript, duly certified, shall be placed in a special 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.book.
(3) After the verification the private documents shall be returned to the persons that have presented 
them.
(4) (new – SG 50/08, in force from 01.03.2008) In case of simultaneous certification of the 
signature and of the content of a document, the applicant shall submit two or more identical copies of the 
documents, which shall be signed following the procedure of Art. 589, Para 2 and 3 . After the certification 
of the signature and content, one of the copies shall be placed in a special book, and the other copies shall be 
handed to the applicant.
 
Verification of a transcript of a document  
Art. 591. (1) Upon verification of the veracity of transcripts of documents presented to the notary 
public, he shall be obliged to compare the transcript with the original and mention in the verification by 
whom the document, of which the transcript was made, has been presented, and also if the transcript was 
made of the original document or of another transcript and whether there have been any crossings, additions, 
corrections and other peculiarities in them.
(2) In the case of Para 1, Art. 589, Para 1  and Art. 590 shall be applied respectively.
 
Notary invitation  
Art. 592. (1) For serving a notary invitation the applicant shall present the invitation in three 
uniform copies. The notary public shall note in each of them, that the invitation has been communicated to 
the person it refers to, and after that one copy of the invitation shall be given to the person, from which the 
invitation originates and the other copy shall be placed in a special book with the notary public.
(2) Under the procedure of Para 1, any other notifications, warnings and answers concerning civil 
law relations shall be executed through the notary public.
 
Protocol of findings  
Art. 593. (amend. – SG 50/08, in force from 01.03.2008) Protocol of findings shall be drawn up 
upon verification of the appearance or non-appearance of persons before the notary public for performance 
of actions before him. Certified in the same manner shall be the consent or dissent of the persons that have 
appeared for the performance of the respective actions. Art. 580
for drawing up the protocol of findings shall be applied, insofar as there are no peculiar rules. The 
protocol of findings shall be drawn up in two uniform copies that shall be signed by the applicant and the 
notary public. After that one of them shall be arranged in a special book and the other one shall be given to 
the applicant, charged as a transcript.
 
Keeping of documents and papers  
Art. 594. (1) (amend. – SG 50/08, in force from 01.03.2008) Upon acceptance of documents and 
papers for keeping, a protocol of acceptance shall be drawn up in two uniform copies, which shall be signed 
by the applicant and the notary public. One of them shall be entered on a special register and the other one 
shall be given to the applicant, charged as a transcript.
(2) A protocol of handing shall be drawn up for the return of the documents and papers delivered 
for keeping, which shall be signed by the applicant, by his heirs or by a special lawyer respectively. The 
protocol shall be entered in the register.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Chapter fifty five.  
ENTRY OF LEGAL PERSONS  
Field of application  
Art. 595. (1) Entered by the procedure of this Chapter shall be the formation, transformation, 
declaring of liquidation and termination of legal persons and the other circumstances, which shall be 
entered, where a law provides for the entry in a court register.
(2) The registers shall be kept by the district courts.
 
Circumstances, which shall be entered  
Art. 596. (1) Into the registers shall be entered:
1. the type, the name, the seat and the address of the legal person;
2. the scope of activity;
3. the bodies and the persons, who represent the legal person, the manner of representation, as well 
as the liquidators;
4. other circumstances, envisaged by a law.
(2) Changes in the circumstances, envisaged in Para 1 shall be subject to entry too.
(3) The entry shall be promulgated in the State Gazette, if a law provides so.
 
Entry 
Art. 597. The entry shall be executed on the base of a decision of the court, in which region the seat 
of the legal person is located. The decision shall contain the circumstances which shall be entered. The entry 
shall have effect only for the circumstances which are subject to entry.
 
Publicity of the registers  
Art. 598. The registers and the files shall be generally available and everybody may require 
references or issuance of a document of an entered circumstance in the register.
 
Effect of the entry  
Art. 599. (1) The entered circumstances shall be considered known to the third persons, who act in 
good faith, from the day of entry, and this what is subject to promulgation - from the date of promulgation.
(2) Each acting in good faith person may refer to the entry, even if the entered circumstance does 
not exist.
(3) The circumstances which are not entered, shall be considered non-existing for the third persons 
who act in good faith.
(4) In case a difference between the entered and the promulgated circumstance appear, the third 
persons may refer to the promulgated circumstance, except is ascertained that the entered circumstance was 
known to them.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Capacity  
Art. 600. The procedure of entry shall start upon a written request of:
1. empowered person;
2. a body, empowered to establish, transform or terminate the legal person;
3. a liquidator
 
Content of the request  
Art. 601. (1) The request shall contain:
1. the name and the address of the person, who made the request;
2. the type, the name and the seat of the legal person;
3. the circumstance that an entry is required.
(2) The needed documents of the circumstances, which shall be entered, shall be enclosed to the 
request, as well as the samples of signatures of the persons, who represent the legal person.
(3) Where a termination of a legal person, which has no successor, to the request certificate of 
handed payment rolls, issued by the territorial subdivision of the National Insurance Institute.
 
Procedure of entry  
Art. 602. (1) The request for entry shall be considered at a closed session, except the court assesses 
that is needed to consider it at an open session or this is provided by a law.
(2) The court shall check the existence of the circumstance, which is subject to entry, if it is 
admissible to be entered, and shall pronounce a decision, which shall be handed to the applicant.
 
Immediate execution  
Art. 603. The decision to enter shall be subject to immediate execution.
 
Deletion of an entered circumstance  
Art. 604. Where within a claim procedure is found that the entry is inadmissible or void, as well as 
non-existence of an entered circumstance, the court shall delete the entry or the relevant circumstance ex-
officio, upon the request of the prosecutor or of the interested person.
 
Correction of the registers  
Art. 605. Corrections of the registers shall be made upon the request of the bodies and the persons 
of Art. 600 or ex-officio by the court following the procedure of Art. 602.
 
Appeal of refusal  
Art. 606. The decision by which an entry is denied shall be appealed by a private complaint before 
the court of appeal.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Ordinance on maintenance and keeping the registers  
Art. 607. The Minister of Justice shall issue and ordinance on the maintaining and keeping the 
registers of entries.
 
Part seven.  
SPECIAL RULES REGARDING THE PROCEDURE ON CIVIL LAWSUITS UNDER THE 
EFFECT OF THE EUROPEAN UNION LAW  
Chapter fifty six.  
COOPERATION IN THE EUROPEAN UNION IN THE PROCEDURE ON CIVIL LAWSUITS (IN 
FORCE FROM 24.07.2007)  
Section I.  
Serving as per Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 
November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or 
commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ 
L 324, 10.12.2007), further referred to as "Regulation (EC) No 1393/2007" (In force from 24.07.2007; 
title amend. – SG 42/09)  
Service by officials of diplomatic or consular representations (Title amend. – SG 42/09)  
Art. 608. (in force from 24.07.2007; amend. – SG 50/08, in force from 01.03.2008; amend. – SG 
42/09) Serving under Art. 13.1. of Regulation (EC) No 1393/2007, which shall be done in the Republic of 
Bulgaria, is admissible, if the addressee is a citizen of a Member State, which issued the document.
 
Service by post in another Member State  
Art. 609. (in force from 24.07.2007; amend. – SG 42/09) (1) Serving as per Art. 14 of Regulation 
(EC) No 1393/2007. Serving, the refusal to accept, or the circumstance that the addressee was not found at 
the address shall be certified by a return receipt.
(2) The party may require the serving to be executed by a courier service, provided by a registered 
person, entered in the public register of the operators of non-universal postal services. In this case the 
expenses shall be on the party’s account.
 
Serving by post in the Republic of Bulgaria  
Art. 610. (in force from 24.07.2007; amend. – SG 50/08, in force from 01.03.2008; amend. – SG 
42/09) The document which shall be served in the Republic of Bulgaria shall be drafted or accompanied by 
a translation in Bulgarian or in a language understood by the addressee.
 
Competent authorities under Art. 2.1 and 2.2 of Regulation (EC) No 1393/2007 (Title amend. 
– SG 42/09)  
Art. 611. (in force from 24.07.2007) (1) (amend. – SG 50/08, in force from 01.03.2008) 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Transmitting agency in case of serving abroad of judicial notifications and summons shall be the court, 
before which the lawsuit is pending.
(2) (amend. – SG 50/08, in force from 01.03.2008) Transmitting agency in case of serving abroad 
of extrajudicial documents shall be the regional court per the present or the permanent address of the person, 
who required the serving, or per the person’s seat, and for notary certified documents – also the regional 
court, in which region the notary acts.
(3) (amend. – SG 50/08, in force from 01.03.2008) Receiving agency in case of serving in the 
Republic of Bulgaria shall be the regional court, in which region serving shall be done.
(4) (amend. – SG 50/08, in force from 01.03.2008) The receiving agency shall execute the serving 
by a clerk of the court, by post or in a manner as appointed by the State. If the inhabited place where the 
serving shall be executed has no court institution, serving may be executed by the municipality or the 
mayoralty.
 
Refusal to accept on the ground of the language of the document  
Art. 612. (in force from 24.07.2007; amend. – SG 50/08, in force from 01.03.2008; amend. – SG 
42/09) The addressee shall announce his refusal under Art. 8.1. of Regulation (EC) No 1393/2007 before the 
transmitting foreign agency, where the notification ahs been served by post, or before the receiving agency 
by which it has been served.
 
Serving of a document from abroad by another party to the dispute  
Art. 613. (in force from 24.07.2007; amend. – SG 42/09) In the Republic of Bulgaria serving under 
Art. 15 of Regulation (EC) No 1393/2007 shall not be admitted.
 
Revocation of the decision  
Art. 613a. (new – SG 42/09) The interested party may file with the Supreme Court of Cassation an 
application for revocation of the decision on the grounds of Art. 19.4 of Regulation (EC) No 1393/2007. The 
application may be filed within one year from delivery of the decision.
 
Section II.  
Taking of evidence as per Council Regulation (EC) No. 1206/2001 on cooperation between the courts 
of the Member States in the taking of evidence in civil or commercial matters (in force from 
24.07.2007)  
Taking of evidence in the Member States  
Art. 614. (in force from 24.07.2007) Where the taking of evidence shall be done under the Council 
Regulation (EC) No. 1206/2001, the court may make a request for their taking by the competent body in the 
other Member State or under the conditions of Art. 17 of the Regulation to require direct taking of evidence.
 
Right of participation  
Art. 615. (in force from 24.07.2007) Within the frames of the field of application of Council 
Regulation (EC) No. 1206/2001, the Bulgarian court or an authorised its member may attend and participate 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.in taking evidence by the court of the other Member State.
 
Direct taking of evidence  
Art. 616. (in force from 24.07.2007) (1) The direct taking of evidence in another Member State 
shall be done by members of the court or by an authorised by the court person.
(2) The parties, their representatives or experts may participate in this procedure, as far as this is 
allowed by the Bulgarian legislation.
 
Competent authorities under Art. 2.1 and 3.3. of Council Regulation (EC) No. 1206/2001 
(Title suppl. – SG 50/08)  
Art. 617. (in force from 24.07.2007) The requests for taking of evidence in the Republic of 
Bulgaria shall be made to the regional court, in the region of which court the taking shall be executed.
(2) Competent to allow direct taking of evidence in the Republic of Bulgaria shall be the district 
court, in the region of which district court direct taking shall be executed.
 
Language of the requests and notifications  
Art. 618. (in force from 24.07.2007) The requests of another Member State for taking of evidence 
and the notifications under Council Regulation (EC) No. 1206/2001 shall be drafted in Bulgarian language 
or be accompanied by a translation in Bulgarian language.
 
Chapter fifty six "a".  
CREATING A PROCEDURE FOR A EUROPEAN ACCOUNT PRESERVATION ORDER TO 
FACILITATE CROSS-BORDER DEBT RECOVERY IN CIVIL AND COMMERCIAL MATTERS 
BASED ON REGULATION (EU) № 655/2014 OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL OF 15 MAY 2014 ON ESTABLISHING A EUROPEAN ACCOUNT PRESERVATION 
ORDER PROCEDURE TO FACILITATE CROSS-BORDER DEBT RECOVERY IN CIVIL AND 
COMMERCIAL MATTERS (OJ, L 189/59 OF 27 JUNE 2014), HEREINAFTER REFERED TO AS 
"REGULATION (EU) № 655/2014" (NEW - SG 13/17)  
Competent authority to issue a European Account Preservation Order  
Art. 618a. (new – SG 13/17) (1) The issuance of a European Account Preservation Order of bank 
accounts may be requested prior to lodging a claim from the first instance court competent to examine the 
merits of the case.
(2) The issuance of a European Account Preservation Order of bank accounts may be requested 
after compiling the authentic instrument within the meaning of Art. 4, Para. 10 of Regulation (EU) № 
655/2014 from the competent court of first instance.
(3) At any stage of the case until completion of proceedings, the claimant may request from the 
court, before which the case is pending, to issue a European Account Preservation Order. Where the request 
to issue a European Account Preservation Order is filed within the cassation proceedings, the order shall be 
issued by the Appellate court.
(4) The issuance of a European Account Preservation Order of bank accounts may be requested 
after enactment of the court ruling by the court of first instance which has examined the merits of the case, 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.or after approval of the court settlement.
Appealing a refusal to issue a European Account Preservation Order under Art. 21 of 
Regulation (EU) № 655/2014  
Art. 618b. (new – SG 13/17) The ruling of the court with which it rejects, wholly or in part, the 
issuance of a European Account Preservation Order shall be subject to appeal with a private claim. Where 
the ruling is given by an appellate court, it shall be subject to appeal before the Supreme Court.
Competent authority under Art. 4, item 14, and information authority under Art. 14 of 
Regulation (EU) (EU) № 655/2014  
Art. 618c. (new – SG 13/17) (1) Competent authority to receive, transmit and serve the 
Preservation Order and other documents under Regulation (EU) № 655/2014 shall be the bailiff.
(2) Information authority under Art. 14 of Regulation (EU) № 655/2014 shall be the Ministry of 
Justice.
Direct recognition and enforcement of a European Account Preservation Order  
Art. 618d. (new – SG 13/17) (1) Competent authority to execute the Preservation Order in 
accordance with Chapter 3 of the Regulation (EU) № 655/2014 shall be the bailiff.
(2) The declaration concerning the preservation of funds in the account of the debtor shall be issued 
by the bank, to which the preservation order is addressed, in the terms and deadlines of Art. 25 of 
Regulation (EU) № 655/2014.
(3) The applicant shall take the necessary measures to secure the release of the funds which, upon 
implementation of the European Account Preservation Order exceed the amount specified therein, in cases 
and under the conditions of Art. 27, paragraphs 1 and 2 of Regulation (EU) № 655/2014.
(4) If the applicant does not fulfill its obligation under Para. 3, the bailiff shall take the necessary 
official measures to release those funds.
Revoking and modifying the European Account Preservation Order and its enforcement  
Art. 618e. (new – SG 13/17) (1) The defendant and the applicant may request revocation or 
modification of a European Account Preservation Order from the competent court of first instance, if any of 
the grounds provided for in Art. 33, paragraph 1 or Art. 35, paragraph 1 of Regulation (EU) № 655/2014 is 
present. The ruling enacted on the claim shall be appealed pursuant to Art. 618b .
(2) The defendant may request from the court which has issued the Preservation order to limit or 
terminate the enforcement of the Preservation Order, if any of the grounds under Art. 34, paragraph 1 of 
Regulation (EU) № 655/2014 is present.
(3) The defendant and the applicant may request from the bailiff limitation or termination of the 
enforcement of the European Account Preservation Order, if the grounds of Art. 35, paragraph 3 of 
Regulation (EU) № 655/2014 is present. The bailiff shall inform the court which has issued the order 
about the actions taken.
(4) The applicant may request modification of the enforcement of the European Account 
Preservation Order pursuant to Art. 35, paragraph 4 of Regulation (EU) № 655/2014 from the bailiff.
 
Chapter fifty seven.  
RECOGNITION AND ADMISSION OF COURT DECISIONS AND ACTS UNDER THE FORCE 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.OF THE EUROPEAN UNION LAW (IN FORCE FROM 24.07.2004)  
Section I.  
Certificates (in force from 24.07.2007)  
Certificates, issued on the base of Bulgarian court acts (in force from 24.07.2007; title 
amended – SG 100/10, in force from 21.12.2010)  
Art. 619. (in force from 24.07.2007) (1) (suppl. – SG 50/08, in force from 01.03.2008) The 
certificate under Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a 
European Enforcement Order for uncontested claims shall be issued upon a written application from the 
party by the first-instance court, which has heard the lawsuit or in whose region the public document has 
been issued.
(2) The disposition by which the application for issuance of a certificate is recognised shall not be 
subject to appeal and shall not be announced to the debtor.
(3) The disposition by which the application for issuance of a certificate is denied in full or partially 
shall be subject to appeal by a private complaint, a copy for serving of which shall not be submitted.
(4) (amend. – SG 50/08, in force from 01.03.2008) The court may correct or invalidate the 
certificate on the grounds of Art. 10 of Regulation (EC) No 805/2004 of the European Parliament and of the 
Council.
 
Issuance of certificate for recognition and admission of enforcement of a Bulgarian court 
decision 
Art. 620. (in force from 24.07.2007) (1) The first-instance court, which has heard the lawsuit shall 
issue upon a written request of the party a certificate for recognition or admission of the enforcement of a 
Bulgarian court decision in another Member State, where an act of the European Union requires this.
(2) A certificate under Para 1 shall be issued by the first-instance court upon a written application 
of the party also in the case where recognition or admission of the enforcement will be required in a country 
which is not a Member State.
 
Section II.  
Procedure of recognition and enforcement of decisions and acts, ruled in other Member-States of the 
European Union (in force from 24.07.2007; title supplemented – SG 100/10, in force from 21.12. 010; 
amend. - SG 50/15)  
Direct recognition  
Art. 621. (in force from 24.07.2007) (1) (amend. SG 50/08, in force from 01.03.2008) The court 
decision or another act shall be recognised by the authority to which it is submitted, on the base of a copy, 
certified by the court which pronounced it, and the accompanying certificate, if an act of the European 
Union requires this.
(2) The court decisions within the scope of Art. 21.2 of Council Regulation (EC) No 2201/2003 
concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in 
matters of parental responsibility, repealing Regulation (EC) No 1347/2000 shall be recognized by the 
competent for the registration authorities.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Recognition in a court procedure  
Art. 622. (in force from 24.07.2007) (1) The interested party may request recognition of the 
decision under the procedure of Art. 623 by the district court at the permanent address of the opposing party 
or at the party’s seat, and if the party has no permanent address or a seat in the territory of the Republic of 
Bulgaria – at the party’s permanent address or seat. If the interested party also has no permanent address or a 
seat in the territory of the Republic of Bulgaria, the request shall be submitted to the Sofia City Court.
(2) (new - SG 50/15) The interested party  may ask the court  to refuse recognition  of the judgement 
or to establish that  there are no grounds  for refusal  of recognition , based on  Regulation (EU) No 1215/2012 
of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and 
enforcement of judgements in civil and commercial matters (OJ, L 351/1 of 20 December  2012), hereinafter  
referred to as "Regulation  (EC) No 1215/2012" pursuant  to para 1.
(3) (amend. – SG 50/08, in force from 01.03.2008; prev. text of para 2, amend. - SG 50/15) The 
court shall rule based on a copy of the judgement  given in another Member  - State of the European  Union, 
certified by the court issuing it, where an act of the European Union requires this. The documents shall be  
accompanied by a translation  into Bulgarian language.
(4) (prev. text of para 3, amend. - SG 50/15) The c ourt shall render an  injunction  which has the 
effect of a judgement given  in a claim procedure.
(5) (prev. text of para 4 - SG 50/15) If the settlement of the lawsuit depends completely or partially 
on the recognition of the foreign court decision, pronounced in a Member State, the court before which the 
lawsuit is pending shall be the competent one for the recognition.
 
Direct Enforcement pursuant to Regulation (EU) No 1215/2012  
Art. 622a. (new - SG 50/15) (1) A judgement ruled in another Member State of the European Union 
shall be subject to enforcement without any writ of execution being required.
(2) The bailiff shall proceed to enforcement at the request of an interested party on the basis of a 
copy of the judgement given in another Member State of the European Union, certified by the court that 
issued it, as well as a certificate issued pursuant to Article 53 of Regulation (EU) No 1215/2012.
(3) Where the bailiff finds that the measure or injunction cannot be enforced under the terms and 
provisions of this Code, it shall rule substitute enforcement.
(4) A judgement given in another Member State of the European Union, ordering provisional 
(including protective) measure shall be enforceable under para 1 and 2. In cases where the measure was 
ordered without the defendant having been summoned to appear proof of service of the judgement shall also 
be submitted.
(5) When proceeding to enforcement, the bailiff shall serve on the debtor a copy of the certificate 
under para 2, thereby inviting the latter to voluntary execution. A copy of the judgement given in another 
Member - State of the European Union shall be attached to the certificate, if it has not been served on the 
debtor.
(6) Within one month of service the debtor may lodge an application for refusal of enforcement. 
Where translation of the judgement is required, the time limit shall be suspended until the debtor provides 
such translation.
(7) Each of the parties may appeal the adaptation of the measure or the injunction pursuant to Art. 
436.
Refusal of Enforcement pursuant to Regulation (EU) No 1215/2012  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Art. 622b. (new - SG 50/15) The application for refusal of enforcement shall be submitted and 
considered pursuant to Art. 623.
Admission of the enforcement  
Art. 623. (in force from 24.07.2007) (1) The application for admission of enforcement of a court 
decision or of another act, pronounced in another Member State shall be submitted at the district court at the 
permanent address of the debtor, at his seat or at the place of performance. Copy of the application for 
serving shall not be presented.
(2) (amend. - SG 50/15) The court shall consider the application at a closed session and shall rule 
on the grounds of a copy of the foreign judgement  authenticated by the  court that delivered it and a 
certificate, where a regulation of the European Union requires so . The documents shall have translations in 
Bulgarian language.
(3) (amend. – SG 100/10, in force from 21.12.2010; amend. - SG 50/15)
(4) In the judgement by which the application is recognised, the court shall also pronounce on the 
required temporary and security measures.
(5) (new – SG 50/08, in force from 01.03.2008) The judgement on admission shall have the effect 
of a decision, pronounced within a claim procedure.
(6) (previous Para 5, amend. – SG 50/08, in force from 01.03.2008) The judgement shall be subject 
to appeal before the Sofia Court of Appeal. The decision of the Sofia Court of Appeal shall be subject of 
cassation appeal before the Supreme Court of Cassation.
 
Chapter fifty seven "a".  
PROCEDURE AND ENFORCEMENT ON THE BASIS OF REGULATION (EC) № 861/2007 OF 
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 JULY 2007 ESTABLISHING A 
EUROPEAN SMALL CLAIMS PROCEDURE (OJ, L 199/1 OF 31.07.2007). ENFORCEMENT ON 
THE BASIS OF REGULATION (EC) № 805/2004 OF THE EUROPEAN PARLIAMENT AND OF 
THE COUNCIL OF 21 APRIL 2004 CREATING A EUROPEAN ENFORCEMENT ORDER FOR 
UNCONTESTED CLAIMS (NEW - SG 42/18)  
Procedure based on Regulation (EC) № 861/2007 of the European Parliament and of the 
Council of 11 July 2007 establishing a European Small Claims Procedure  
Art. 624. (In force from 24.07.2007, amend. – SG 42/18) (1) The application for initiating 
proceedings for the European Small Claims Procedure shall be filed before the District Court at the 
defendant's permanent address or at its seat.
(2) The appeal against a decision on European Small Claims Procedure shall be filed with the 
relevant District Court.
(3) The decision of the District Court under Para. 2 shall be subject to cassation appeal before the 
Supreme Court of Cassation under the conditions of Art. 280.
(4) The defendant may file before the respective court of appeal an application for review of the 
judgment rendered in the European Small Claims Procedure under the terms and procedure of Art. 18 of 
Regulation (EC) № 861/2007 of the European Parliament and of the Council of 11 July 2007 
establishing a European Small Claims Procedure, as amended by Regulation (EC) 2015/2421 of 
the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) № 
861/2007 establishing a European Small Claims Procedure and Regulation (EC) № 1896/2006 
creating a European order for payment procedure (OJ, L 341/1 of December 24, 2015).
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(5) The court shall send a copy of the application for review to the other party who, within one 
week of receipt, may file a reply.
(6) The application for review shall be considered in camera. The court may, if it deems it 
necessary, examine the request in open court.
(7) The decision on the application for review shall not be subject to appeal.
Exequatur (enforcement of foreign acts) based on Regulation (EC) № 861/2007 of the 
European Parliament and of the Council of 11 July 2007 establishing a European Small Claims 
Procedure, and based on Regulation (EC) № 805/2004 of the European Parliament and of the Council 
of 21 April 2004 creating a European Enforcement Order for uncontested claims  
Art. 624a. (New - SG 42/18) (1) The application for issuance of a writ of execution on the basis of 
a European Enforcement Order for an indisputable claim or on the basis of a decision on a European Small 
Claims Procedure shall be filed before the District Court at the permanent address of the debtor, at his seat 
or place of enforcement.
(2) The order shall be appealed in accordance with Art. 623, Para. 6 . The time limit for appeals 
shall run for the petitioner from service of the order, and for the defendant - from the service of the call for 
voluntary enforcement.
(3) The appeal of the order granting the application shall not stop the enforcement.
 
Stay or limitation of enforcement within the meaning of Art. 23 of Regulation (EC) № 
861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European 
Small Claims Procedure, and based on Regulation (EC) № 805/2004 of the European Parliament and 
of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims  
Art. 624b. (New - SG 42/18) (1) Stay or limitation of the enforcement of judgments of a Bulgarian 
court, determined in accordance with Regulation (EC) № 861/2007, shall be ordered by the court 
before which the case is pending, and in the case of a decision already in force - by the court of 
first instance.
(2) An application for stay of enforcement of a foreign decision shall be submitted to the District 
Court, which has issued the order for admission of the enforcement and the writ of execution.
 
Chapter fifty eight.  
ENFORCEMENT ON THE BASE OF THE REGULATION (EC) No. 1896/2006 OF THE 
EUROPEAN PARLIAMENT AND OF THE COUNCIL CREATING EUROPEAN ORDER FOR 
PAYMENT PROCEDURE (IN FORCE FROM 24.07.2007)  
Competent body to issue European order  
Art. 625. (in force from 24.07.2007) (1) (amend. – SG 50/08, in force from 01.03.2008) The 
application to issue European order for payment shall be submitted to the district court at the permanent 
address of the debtor, at his seat or at the place of performance.
(2) If possibility to consider the lawsuit under a claim procedure is not excluded, the defendant may 
with the objection to make a challenge for local jurisdiction at latest.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Forwarding of the lawsuit  
Art. 626. (in force from 24.07.2007) Where the objection is submitted within the due time, the 
court shall instruct the applicant, who did not exclude the possibility to consider the lawsuit under a claim 
procedure, to depose the rest part of the due state fee into the account of the competent per kind and per 
place court. The court shall forward ex-officio the papers of the lawsuit to the competent per kind and per 
place court.
 
Review in exceptional cases  
Art. 626a. (New - SG 42/18) (1) The defendant may file a request for review of a European order 
for payment under the conditions and by the order of Art. 20 of Regulation (EC) № 1896/2006 to the 
relevant Court of Appeal.
(2) The request for review shall be submitted within 30 days. The time limit shall begin to run from 
the day, on which the defendant has actually become aware of the content of the order, or after those 
circumstances specified in Art. 20, paragraph 1, letter “b” of the Regulation cease to exist.
(3) The court shall send a copy of the request to the other party who may reply within one week of 
receipt.
(4) The request shall be considered in camera. The court may, if it deems it necessary, examine the 
application in open court.
(5) The court's ruling shall not be subject to appeal.
 
Enforcement on the base of European order  
Art. 627. (in force from 24.07.2007) (1) (amend. – SG 50/08, in force from 01.03.2008) The 
application to issue a writ of execution on the base of an European order for payment, issued by another 
Member State, shall be submitted to the district court at the permanent address of the debtor, at his seat or at 
the place of performance.
(2) (amend. – SG 50/08, in force from 01.03.2008; suppl. – SG 42/09) The judgement shall be 
appealed under the procedure of Art. 623, Para 6 . The time limit for appellate appeal shall commence for 
the applicant from the delivery of the disposition, and for the respondent – from the delivery of the invitation 
for voluntary performance.
(3) (new - SG 50/15) The debtor  may file an application  for refusal of  enforcement  under Art.  22 of 
Regulation  № 1896/2006  or application for suspension  or limitation of  enforcement  within the meaning  of 
Art. 23 of Regulation  № 1896/2006  before the district court  in his/her permanent address,  registered office  
or place of performance . The order  shall be subject to  appeal by the order  of Art. 623, para. 6. The time 
limit for appellate appeal shall start from for serving the disposition  for the applicant  and from service of  the 
notice of voluntary enforcement for the defendant .
 
Chapter fifty eight.  
"A" RECOGNITION AND ENFORCEMENT OF COURT DECISIONS ON THE BASE OF 
REGULATION (EC) No 4/2009 OF THE COUNCIL OF 18 DECEMBER 2008 ON JURISDICTION, 
APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND 
COOPERATION IN MATTERS REALTING TO MAINTENANCE OBLIGATIONS (OJ, L 7 OF 10 
JANUARY 2009), REFERRED HEREINAFTER "REGULATION (EC) No 4/2009" (NEW – SG 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.100/10, IN FORCE FROM 18.06.2011)  
Cancellation of a decision, pronounced in a Member-State, which is bound by the Hague 
Protocol of 2007  
Art. 627a. (new – SG 100/10, in force from 18.06.2011) The interested State may submit to the 
Supreme Cassation Court request to cancel the decision on the base of Article 19, Paragraph 1 of Regulation 
(EC) No 4/2009.
 
Enforcement of a decision, pronounced in a Member-State, which is bound by the Hague 
Protocol of 2007  
Art. 627b. (new – SG 100/10, in force from 18.06.2011) (1) Application to issue a writ of execution 
on the base of the documents envisaged in Article 20 of Regulation (EC) No 4/2009 shall be submitted to 
the district court of the permanent address of the debtor or of the place of enforcement.
(2) Refusal or suspension of enforcement as per Article 21 of Regulation (EC) No 4/2009 shall be 
pronounced by the district court.
 
Admission of enforcement of a decision, pronounced in a Member-State, which is not bound 
by the Hague Protocol of 2007  
Art. 627c. (new – SG 100/10, in force from 18.06.2011) (1) (suppl. – SG 86/17) Application to 
admit enforcement of court decision or of another act pronounced in a Member-State which is not bound by 
the Hague Protocol of 2007, shall be submitted to the district court of the permanent address of the debtor, at 
his habitual place of residence, or of the place of enforcement. Copy of the application for serving on the 
debtor shall not be presented.
(2) Court shall consider the application at a closed session.
(3) In the judgement where the application is considered favourably, court shall determine the 
applicable term for appeal as per Article 32, Paragraph 5 of Regulation (EC) No 4/2009. Preliminary 
enforcement of the ruling by which the application is considered favourably, shall not be admitted.
(4) In the judgement where the application is considered favourably, the court also shall pronounce 
on the requested temporary security measures.
(5) Judgement on admission shall have the status of a decision pronounced on a claim procedure.
(6) Judgement shall be subject to appeal before the Sofia Appellate Court under the conditions and 
following the procedure of Article 32 of Regulation (EC) No 4/2009. Decision of the Sofia Appellation 
Court shall be subject to cassation appeal before the Supreme Cassation Court.
 
Chapter fifty eight "b".  
RECOGNITION AND ENFORCEMENT OF COURT DECISIONS AND ISSUING OF EUROPEAN 
CERTIFICATE OF SUCCESSION, BASED ON REGULATION (EU) № 650/2012 OF THE 
EUROPEAN PARLIAMENT AND OF THE COUNCIL FROM 4 JULY 2012 ON COMPETENCE, 
APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND 
ACCEPTANCE AND ENFORCEMENT OF AUTHENTIC INSTRUMENTS IN MATTERS OF 
SUCCESSION AND CREATING A EUROPEAN CERTIFICATE OF SUCCESSION (OJ, L 201/107 
OF 27 JULY 2012), HEREINAFTER REFERRED TO AS "REGULATION (EU) № 650/2012” (NEW 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.- SG 15/16)  
Recognition in a court procedure  
Art. 627d. (New - SG 15/16) (1) In the case of Art. 39, par. 2 of Regulation (EU) № 650/2012, 
the party concerned may request recognition of a foreign court decision pursuant to Art. 627d  of 
the district court in the home address of the opposing party, in its registered seat or in its place of 
performance.
(2) The court under par. 1 shall rule on the requested temporary and protective measures under Art. 
54, paragraph 1 of Regulation (EU) № 650/2012.
Admissibility of enforcement  
Art. 627e. (New - SG. 15/16) (1) The application for admissibility of enforcement of court decision 
or of another act, pronounced in another Member - State of the European Union, shall be submitted to the 
district court at the permanent address of the debtor, at its registered office or at its place of execution. A 
copy of the application shall not be submitted to be served to the debtor.
(2) The court shall consider the application in closed session.
(3) In the order whereby the application is granted, the court shall determine the applicable deadline 
for appeal under Art. 50, paragraph 5 of Regulation (EU) № 650/2012. Preliminary execution of the 
order which grants the application shall not be allowed.
(4) The court shall pass a ruling on the requested temporary and securing measures.
(5) The order on admissibility shall be considered as decision, pronounced in a claim process.
(6) The order shall be subject to appeal before the Sofia Appellate Court. The decision of the Sofia 
Court of Appeal shall be subject to cassation appeal before the Supreme Court of Cassation.
 
Issuance of a European Certificate of Succession  
Art. 627f. (New - SG 15/16) (1) When the Bulgarian court is internationally competent under Art. 
4, 7, 10 and 11 of Regulation (EU) № 650/2012, the application for issuance of a European 
Certificate of Succession shall be submitted to the district court at the last domicile of the 
deceased, if none - at his last address in the country, and if none either – at the Sofia District 
Court.
(2) In case the application under par. 1 is upheld, the court shall issue a European Certificate of 
Succession, using the form provided in the Regulation for implementation (EU) № 1329/2014 of the 
Commission of 9 December, 2014 for the preparation of the forms, quoted in Regulation (EU) № 
650/2012 of the European Parliament and of the Council on competence, applicable law, 
recognition and enforcement of decisions, and acceptance and enforcement of authentic 
instruments in matters of succession and on the creation of a European certificate of succession 
(OJ, L 359/30 of 16 December 2014).
(3) The European Certificate of Succession, as well as the refusal to issue one, shall be subject to 
appeal before the corresponding regional court within one month, which shall run from the time of service.
(4) Where the issued European Certificate of Succession is inaccurate or the refusal to issue one is 
unfounded, the court shall repeal the pronounced act in full or in part, and shall return the case to the first-
instance court with obligatory directions.
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.Appeal of acts of correction, amendment or withdrawal of a European Certificate of 
Succession  
Art. 627g. (New - SG 15/16) (1) The acts pronounced in request for correction, amendment or 
withdrawal of a European Certificate of Succession shall be subject to appeal before the corresponding 
regional court within two weeks, which shall run from the time of service.
(2) Where the issued European Certificate of Succession is inaccurate or the refusal to correct, 
amend or withdraw is unfounded, the court shall repeal the pronounced in full or in part, and shall return the 
case to the first-instance court with obligatory directions.
 
Appeal of suspension of a European Certificate of Succession  
Art. 627h. (New - SG 15/16) The suspension of a European Certificate of Succession, issued by the 
district court, may be appealed within one week before the regional court.
 
Applicability of the general rules of non-contentious proceedings  
Art. 627i. (New – SG 15/16) For the questions, unsettled by Regulation (EU) № 650/2012, 
relating to the procedure for issuing of a European Certificate of Succession, shall apply the 
general rules of Chapter forty-nine .
 
Chapter fifty nine.  
QUESTIONS REFERRED FOR A PRELIMINARY RULING (IN FORCE FROM 24.07.2007)  
Jurisdiction of the national court  
Art. 628. (in force from 24.07.2007) When the interpretation of a provision of the European Union 
legislation or the interpretation and validity of an act of the bodies of the European Union is of importance 
for the proper resolution of the case, the Bulgarian court shall refer the question to the Court of Justice of the 
European Union.
 
Referring a question  
Art. 629. (in force from 24.07.2007) (1) The question shall be asked by the court before which the 
case is pending, ex-officio, or at the request of the party.
(2) The court, whose decision is subject to appeal, may not grant the party's request for a 
preliminary ruling on the interpretation of a provision or an act. The ruling shall not be subject to appeal.
(3) The court whose decision is not subject to appeal shall always ask for interpretation, unless the 
answer to the question is clear and unambiguous from a previous judgment of the Court of Justice, or the 
content and the meaning of the provision or act are so clear that they do not evoke any doubt.
(4) The court shall always ask when the validity of an act under Art. 628 is questioned.
(5) Where interpretation of provisions of Section IV "Visas, asylum, immigration and other 
politics, relating to the free movement of persons" of the Treaty establishing the European 
Community  and the interpretation and the validity of acts, adopted under this Section of the Treaty, shall be 
of importance for the correct settlement of the lawsuit, only the court, whose decision shall not be subject to 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.appeal, may make a request under Art. 628.
 
Content of the question  
Art. 630. (in force from 24.07.2007) (1) The question to the Court of Justice shall contain a 
description of the facts of the case, the applicable national law, a precise reference to the provision or act 
whose interpretation or validity is the subject of the question, the reasons for which the court thinks that the 
requested preliminary ruling is of importance to the proper outcome of the case, and the wording of the 
specific reference for a preliminary ruling.
(2) If considered important, the court may also send a copy of the case.
 
Suspension and resumption of proceedings before the national court  
Art. 631. (in force from 24.07.2007) (1) By asking the question, the court shall stop the proceedings 
in the case. The ruling shall not be subject to appeal.
(2) Proceedings in the case shall be resumed following the ruling of the Court of Justice of the 
European Union.
 
Security and temporary measures  
Art. 632. (in force from 24.07.2007) The Court may order appropriate security and interim 
measures at the request of the parties, while proceedings are being suspended.
 
Effect of the decision on the question for a preliminary ruling  
Art. 633. (in force from 24. 07. 2007) The ruling of the Court of Justice shall be obligatory for all 
the courts and institutions in the Republic of Bulgaria.
 
Part eight.  
SPECIAL RULES CONCERNING PROCEEDINGS IN CIVIL CASES WITH EFFECTIVE 
INTERNATIONAL CONTRACTS (NEW - SG 42 OF 2018)  
Chapter sixty.  
RECOGNITION AND ADMISSION TO ENFORCEMENT OF JUDGMENTS WITH EFFECTIVE 
CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER 
FORMS OF FAMILY MAINTENANCE, HEREINAFTER REFERRED TO AS THE “2007 HAGUE 
CONVENTION” (NEW - SG 42 OF 2018)  
Section I.  
Certificates issued on the basis of Bulgarian judgements (New - SG 42 of 2018)  
Issuance of documents for recognition or admission of enforcement of a Bulgarian judgement  
Art. 634. (New - SG 42/18) The Court of First Instance, having heard the case, shall, at the written 
request of the party, issue the documents accompanying the request for recognition and enforcement of a 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.judgement in another State party to the 2007 Hague Convention.
 
Section II.  
Procedure for recognition and admission to enforcement of judgements given in States parties to the 
2007 Hague Convention (New - SG 42 of 2018)  
Direct recognition  
Art. 635. (New - SG 42/18) A judgement given in a State party to the 2007 Hague Convention shall 
be recognized by the body before which it is being brought, based on a copy of the judgement, a certificate 
for its entry into force and, if necessary, the documents referred to in Art. 25, paragraph 1, letters “c” – “f” 
of the 2007 Hague Convention.
 
Recognition through court action  
Art. 636. (New - SG 42/18) (1) The interested party may request the recognition of a judgement 
given in a State party to the 2007 Hague Convention by the order of Art. 637, from the District Court at the 
debtor's permanent address, at his habitual residence or at place of enforcement.
(2) The judgment given in a State party to the 2007 Hague Convention shall be recognized 
following court action on the basis of a copy of the judgement, a certificate of its entry into force and, if 
necessary, the documents referred to in Art. 25, paragraph 1, letters “c” – “f” of the 2007 Hague Convention.
(3) The recognition order shall have the meaning of a judgement given in a claim.
(4) Where the outcome of the case depends entirely or in part on the recognition of a judgement 
given in a State party to the 2007 Hague Convention, the court, before which the case is pending, shall be 
the one competent for recognition.
 
Admission of enforcement  
Art. 637. (New - SG 42/18) (1) The application for admission to enforcement of a judgment given 
in a State party to the 2007 Hague Convention shall be filed with the District Court at the debtor's permanent 
address, at his habitual residence or at the place of enforcement.
(2) The application for admission to enforcement shall be accompanied by a copy of the judgement, 
a document certifying that the judgement is enforceable in the country of origin and, if necessary, the 
documents referred to in Art. 25 paragraph 1, letters “c” – “f” of the 2007 Hague Convention.
(3) A copy of the application for service to the debtor shall not be filed.
(4) The court shall examine the application under Para. 1 in a closed session. Admission to 
enforcement may be refused only on the grounds set forth in Art. 22, letter “a” of the 2007 Hague 
Convention.
(5) In the order granting the application, the court shall determine the applicable time for appeal 
under Art. 23, paragraph 6 of the 2007 Hague Convention. In case the application is granted, it shall not be 
permissible enforcement of the order in advance.
(6) In the order granting the application, the court shall also rule on the requested interim and 
protective measures.
(7) The ruling on admission has the meaning of a judgement given in a claim process.
(8) The order shall be subject to appeal before the Sofia Court of Appeal on the grounds referred to 
in Art. 23, Para. 7 and 8 of the 2007 Hague Convention. The Sofia Appellate Court's decision shall be 
subject to appeal before the Supreme Court of Cassation.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
Recognition and enforcement of a maintenance agreement  
Art. 638. (New - SG 42/18) (1) The recognition and enforcement of a maintenance agreement shall 
be carried out in accordance with Art. 637, with the application for recognition and admission to 
enforcement is to be accompanied by a copy of the maintenance agreement and a document certifying that 
the agreement is enforceable as a judgement in the State of origin.
(2) Admission to enforcement may be refused only on the grounds referred to in Art. 30, paragraph 
4, letter “a” of the 2007 Hague Convention.
(3) The order may only be appealed against the grounds for refusal of recognition and enforcement 
referred to in Art. 30, paragraph 4 of the 2007 Hague Convention, and the authenticity or integrity of the 
document submitted in accordance with Para. 1.
 
Section III.  
Enforcement of a judgement given in a State party to the 2007 Hague Convention (New - SG 42 of 
2018) 
Competent court in the procedure for issuing a writ of execution  
Art. 639. (New - SG 42/18) The writ of execution shall be issued by the court which admits the 
enforcement of the judgement given in a State party to the 2007 Hague Convention, in case its act is 
enforceable.
 
Additional provisions  
§ 1. (New - SG 98/20, amend. - SG 110/20, in force from 30.06.2021) Within the meaning of this 
Code:
1. "Video-conference" shall be a communication link through a technical means for a simultaneous 
transmission and reception of image and sound between participants in the process, located in different 
places, thus allowing the recording and storage of information on electronic media.
2. "E-mail address for serving" shall mean a personalized space in the single e-Justice portal, 
through which individuals receive electronic applications, notifications, summons and papers from the 
courts, a qualified e-mail registered service, and an e-mail address.
3. "Electronic document" shall be the document in the sense of Art. 3, paragraph 35 of Regulation 
(EU) 910/2014.
4. "Qualified electronic seal of the court" and "qualified electronic time stamp of the court" shall be 
seals that meet the requirements of Chapter III, Sections 5 and 6 of Regulation (EU) № 910/2014.
 
Transitional and concluding provisions  
 
§ 1a. (Previous § 1 – SG 98/20) (1) The first-instance lawsuit, established upon claim motions, 
which were received in the regional and the district courts before this Code enters into effect, shall be 
finalised by the same courts, not depending on the change of jurisdiction.
(2) The lawsuits on request to establish a security of future claim, started before this Code enters 
into effect, shall be heard by the same courts, not depending on the change of the jurisdiction.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
§ 2. (1) (suppl. – SG 50/08, in force from 01.03.2008) The first-instance lawsuits, established upon 
claim motions, received before this Code enters into effect, shall be heard following the present procedure 
for hearing the first-instance and appellate lawsuits.
(2) The lawsuits before the court of appeal, received before this Code enters into effect, shall be 
heard under the present procedure for hearing the lawsuits by the court of appeal.
(3) The cassation lawsuits, established upon cassation complaints received before this Code enters 
in force, shall be heard under the present procedure of hearing of the lawsuits by the cassation instance.
(4) (new – SG 50/08, in force from 01.03.2008) Procedures on applications for securing claims, 
submitted before 1st of March 2008, shall be considered following the procedure of the revoked Code of 
Civil Procedure.
(5) (in force from 24. 07. 2007, previous Para 4 – SG 50/08, in force from 01.03.2008) ) The 
cassation complaint against the appellate decision of the district courts on claims for defence against 
unlawful dismissal under Art. 344, Para 1 items 1-3 of the Labour Code  and on claims for labour 
remuneration and compensation on a labour legal relationship with a price of the claim above the amount 
under Art. 218a, Para 1, letter "a", submitted before this Code enters into effect, shall be heard by the 
respective court of appeal under the present cassation procedure. The initiated before the Supreme Court of 
Cassation lawsuits, which are not scheduled, as well as which are scheduled after 30 June 2008, shall be 
forwarded to the respective court of appeal, which shall hear them under the present cassation procedure.
(6)(new – SG 50/08, in force from 01.03. 2008) The procedures over applications for restoration of 
possession under an administrative procedure, submitted on the grounds of Art. 126g of the revoked Code of 
Civil Procedure before 1st of March 2008, shall be proceeded under the procedure of the revoked Code of 
Civil Procedure.
(7) (prev. Para 5 – SG 50/08, in force from 01.03.2008) The public sales, announced before this 
court enters into effect, shall be finalized under the present procedure.
(8) (new – SG 50/08, in force from 01.03. 2008) The protective procedures, constituted upon 
request to issue a writ of execution, received before 1st of March 2008, shall be considered following the 
procedure of the revoked Code of Civil Procedure. Under the same procedure shall also be considered the 
application to suspend the execution under Art. 250 of the revoked Code of Civil Procedure, if the writ of 
execution is issued upon a request, submitted before 1st of March 2008, as well as to suspend the execution 
of the appellation decisions under the procedure of Art. 218b, Para 3- 6 of the revoked Code of Civil 
Procedure.
(10) (new – SG 50/08, in force from 01.03. 2008) Procedures, initiated upon complaints against the 
actions of the State or of the private bailiff and against the refusal of the latter to execute a required 
enforcement action, submitted before 1st of March 2008, shall be considered under the procedure of the 
revoked Code of Civil Procedure.
(11) (new – SG 50/08, in force from 01.03. 2008) Procedures on cassation lawsuits, initiated upon 
private complaints, submitted before 1st of March 2008, shall be proceeded following the procedure of the 
revoked Code of Civil Procedure for proceeding the lawsuits by the cassation instance.
(12) (new – SG 50/08, in force from 01.03. 2008) The lawsuits, initiated by requests to cancel 
effective court decisions, submitted before 1st of March 2008, shall be proceeded under the procedure of the 
revoked Code of Civil Procedure.
(13) (new – SG 50/08, in force from 01.03. 2008) The lawsuits initiated upon requests for 
cancellation of definitions and judgements of the chairperson or by a judge of the Supreme Court of 
Cassation to return cassation complaints and upon requests to cancel effective decisions and definitions of 
the three-members body of the Supreme Court of Cassation, submitted before 1st of March 2008, shall be 
proceeded following the procedure of the revoked Code of Civil Procedure.
(14) (new – SG 50/08, in force from 01.03. 2008) In every, non explicitly enlisted procedure, 
initiated upon requests, submitted before 1st of March 2008, shall be proceeded under the procedure of the 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.revoked Code of Civil Procedure.
 
§ 3. (*) The Civil Procedure Code (Prom. SG. 12/8 Feb 1952, amend. SG. 92/7 Nov 1952, amend. 
SG. 89/6 Nov 1953, amend. SG. 90/8 Nov 1955, amend. SG. 90/9 Nov 1956, amend. SG. 90/11 Nov 1958, 
amend. SG. 50/23 Jun 1961, amend. SG. 90/10 Nov 1961, corr. SG. 99/12 Dec 1961, amend. SG. 1/4 Jan 
1963, amend. SG. 23/22 Mar 1968, amend. SG. 27/3 Apr 1973, amend. SG. 89/9 Nov 1976, amend. SG. 
36/8 May 1979, amend. SG. 28/8 Apr 1983, amend. SG. 41/28 May 1985, amend. SG. 27/4 Apr 1986, 
amend. SG. 55/17 Jul 1987, amend. SG. 60/5 Aug 1988, amend. SG. 31/21 Apr 1989, amend. SG. 38/19 
May 1989, amend. SG. 31/17 Apr 1990, amend. SG. 62/2 Aug 1991, amend. SG. 55/7 Jul 1992, amend. SG. 
61/16 Jul 1993, amend. SG. 93/2 Nov 1993, suppl. SG. 87/29 Sep 1995, amend. SG. 12/9 Feb 1996, amend. 
SG. 26/26 Mar 1996, amend. SG. 37/30 Apr 1996, amend. SG. 44/21 May 1996, amend. SG. 104/6 Dec 
1996, amend. SG. 43/30 May 1997, suppl. SG. 55/11 Jul 1997, amend. SG. 124/23 Dec 1997, amend. SG. 
21/20 Feb 1998, amend. SG. 59/26 May 1998, suppl. SG. 70/19 Jun 1998, suppl. SG. 73/26 Jun 1998, 
amend. SG. 64/16 Jul 1999, suppl. SG. 103/30 Nov 1999, amend. SG. 36/2 May 2000, suppl. SG. 85/17 Oct 
2000, amend. SG. 92/10 Nov 2000, amend. SG. 25/16 Mar 2001, amend. SG. 105/8 Nov 2002, amend. SG. 
113/3 Dec 2002, suppl. SG. 58/27 Jun 2003, amend. SG. 84/23 Sep 2003, suppl. SG. 28/6 Apr 2004, amend. 
SG. 36/30 Apr 2004, amend. SG. 38/3 May 2005, amend. SG. 42/17 May 2005, amend. SG. 43/20 May 
2005, amend. SG. 79/4 Oct 2005, amend. SG. 86/28 Oct 2005, amend. SG. 99/9 Dec 2005, amend. SG. 
105/29 Dec 2005, amend. SG. 17/24 Feb 2006, amend. SG. 33/21 Apr 2006, amend. SG. 34/25 Apr 2006, 
amend. SG. 36/2 May 2006, amend. SG. 37/5 May 2006, amend. SG. 48/13 Jun 2006, amend. SG. 51/23 Jun 
2006, amend. SG. 64/8 Aug 2006) shall be revoked.
 
§ 4. (1) The secondary legislation issued on the base of the revoked Civil Procedure Code, shall be 
applied insofar as it does not contradict this Code.
(2) (in force from 24. 07. 2007, amend. – SG 50/08, in force from 01.03. 2008) The Council of 
Ministers and the Minister of Justice shall issue the acts under Art. 55, Art. 73, Para 3 , Art. 425 and Art. 
444, item 7  within 6-months term after the promulgation of this Code in the State Gazette.
------------------------
 
§ 61. This Code shall enter into force from 1st of March 2008, except for:
1. Part Seven , "Special rules regarding the procedure on civil lawsuits under the effect of the 
European Union Law";
2. § 2, Para 4 ;
3. § 3 with regard to the revocation of Chapter Thirty Two "A":Special rules for recognition and 
admission of execution of decisions of the foreign courts and other foreign authorities" with Art. 307a-307e 
and Part Seven "Procedure on return of a child and exercising of the right of private relations" with Art. 502 
– 507;
4. § 4, Para 2 ;
5. § 24;
6. § 60,
which shall enter in force three days after the promulgation of the Code in the State Gazette.
-------------------------
This Code was adopted by the 40th National Assembly on 6th of July 2007 and was affixed with 
the official seal of the National Assembly.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. – SG 50/08, IN FORCE FROM 01.03.2008)
Източник: Правно-информационни системи "Сиела" 16.08.2022 г. 
§ 43. Regulations under Art. 342, Para 1 of the Judiciary Act shall also settle the registers of Art. 
235, Para 5, Sentence Two  and these of Art. 489, Para 4 .
 
§ 47. (in force from 30.05.2008) The terminated procedures under § 2 of the Transitional and 
Concluding Provisions shall be renewed ex-officio by the court.
 
§ 48. This Act shall enter into force from 1st of March 2008, except for the § 23, 25, 45, 46 and 47 
which shall enter into force from the day of promulgation of the act in the State Gazette.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE TAX-INSURANCE PROCEDURE 
CODE 
(PROM. – SG 12/09, IN FORCE FROM 01.05.2009; SUPPL. - SG 32/09)
 
§ 68. (suppl. - SG 32/09) This Act shall enter into force from 1 May 2009 except § 65, 66 and 67 
which shall enter into force from the date of promulgation of the act in the State Gazette and § 2 - 10, § 12, 
items 1 and 2 - regarding para 3, § 13 - 22, § 24 - 35, § 36, paras 1 - 4, § 37 - 51, § 52, items 1 - 3, item 4, 
letter "a", item 7, letter "f" - regarding para. 10 and para 11, item 8, letter "a", items 9 and 12 and § 53 - 64, 
which shall enter into force from the 1st of January 2010.
………………………………………………….
This Code was adopted by the 40th National Assembly on 6 July 2007 and was affixed with the 
official seal of the National Assembly.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. – SG 42/09)
 
§ 26. The lawsuits under Art. 390, Para 1  and Art. 411, Para 1 , initiated before entry into force of 
this Law, shall be finilised by the same courts, regardless from the changes to the jurisidction.
 
§ 27. The lawsuits on claims for exercising parental rights in cases of disagreement between parents 
as referred to in Art. 76, Item 9 of the Bulgarian Identity Documents Act, initiated before entry into force of 
this Law, shall be finalised under the hitherto effective order.
 
Transitional and concluding provisions  
TO THE FAMILY CODE  
(PROM. – SG 47/09, IN FORCE FROM 01.10.2009)
 
§ 18. This Code shall enter into force from 1 October 2009.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.(PROM. – SG 100/2010, IN FORCE FROM 21.12.2010)
 
§ 25. Pending procedures shall be dealt with in accordance with the existing procedure rules.
 
§ 26. This Act shall enter into force form the date of its promulgation in the State Gazette, except 
for § 12, which shall enter into force from 1st of January 2011, and § 13, item 2 and § 21, which shall enter 
into force from 18th of June 2011.
 
Transitional and concluding provisions  
TO THE ACT ON PUBLIC – PRIVATE PARTNERSHIP  
(AMEND. – SG 45/12, IN FORCE FROM 01.01.2013)
 
§ 16. The Act shall enter into force as of January 1, 2013 except for § 4, § 5, § 7, § 8, § 9, § 10 and 
§ 13, which shall enter into force from September 1q 2012.
 
Transitional and concluding provisions  
TO THE ACT ON THE PUBLIC FINANCES  
(PROM. - SG 15/13, IN FORCE FROM 01.01.2014)
 
§ 123. The Act shall enter into force from January 1, 2014 except for § 115, which shall enter into 
force from January 1, 2013 and § 18, § 114, § 120, § 121 and § 122, which shall enter into force from 
February 1, 2013.
 
Transitional and concluding provisions  
TO THE SPATIAL DEVELOPMENT ACT  
(PROM. – SG 66/13, IN FORCE FROM 26.07.2013)
 
§ 97. In the Code of Civil Procedure the words “the Minister of Regional Development and Public 
Works” and “the Ministry of Regional Development and Public Works” shall be replaced respectively by 
“the Minister of Regional Development” and “the Ministry of Regional Development” everywhere in the 
text.
 
§ 117. The Act shall enter into force from the date of its promulgation in the State Gazette.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
§ 14.Cassation appeals, private appeals under art. 274, para 2  of the Code of Civil Procedure and 
appeals against decisions the Supreme Cassation Court under Art. 80, para 3 of the Notaries and Notary 
Practice Act , which have been submitted before the entry into force of this Act, shall be reviewed under the 
hitherto effective procedure.
§ 15.Within one month from the entry into force of this Act Governor of the Bulgarian National 
Bank and the Minister of Justice shall approve the requirements to the integrated environment for exchange 
of electronic liens.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.§ 16.Judgements delivered in proceedings instituted before January 10, 2015, and other acts 
formally drawn up or registered, approved or concluded before January 10, 2015, included in the scope of 
Regulation (EC) № 1215/2012, shall be recognized and enforced by under the hitherto effective 
procedure.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. - SG 8/17)
§ 6. (1) Pending procedures under the Chapter XXII  shall be dealt with in accordance with this 
Act.
(2) The arbitration lawsuits, initiated before entry into force of this Act, shall be finalised under the 
order prevailing hitherto, with exception of proceedings on disputes, which shall not be subject of 
arbitration, shall be terminated.
 
Transitional and concluding provisions  
TO THE ACT SUPPLEMENTING THE CIVIL PROCEDURE CODE  
(PROM. - SG 13/17)
§ 2. By 28 February 2017, the Council of Ministers shall adopt the amendments and supplements to 
the Tariff № 1 of the Act on State Fees, fees collected by the courts, prosecution, investigation 
services and the Ministry of Justice (prom. SG 71 of 1992; amend., SG 71 and 92, 1992, SG 32 
and 64, 1993, SG 45 and 61, 1994, SG 15 of 1996, SG 2, 28 and 36 of 1997, SG 20 1998; corr. 
SG 24 of 1998; amend., SG 95 of 1998, SG 14 of 2000; Decision № 798 of the Supreme 
Administrative Court - SG 19 of 2001; amend., SG 89 of 2001, SG 83 of 2002, SG 66 of 2003; 
Decision № 295 of 2004 of the Supreme Administrative Court - SG 6 of 2004; amend. and suppl., 
SG 69 of 2004; amend., SG 94 of 2005, SG 35, 75 and 105 of 2006, SG 75 of 2007, SG 22 of 
2008, SG 39 and 77 of 2009, SG 30 of 2011, SG 98 of 2012 and SG 88 of 2013) and the Tariff for 
State fees collected by the courts under the Civil Procedure Code (prom. SG 22 of 2008; amend., 
SG 50 of 2008 and SG 24 of 2013) arising from this Act.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PENAL PROCEDURE CODE  
(PROM. - SG 63/17, IN FORCE FROM 05.11.2017)
§ 116. The Act shall enter into force three months after its promulgation in State Gazette.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. - SG 86 OF 2017)
§ 71. Within 6 months from the entry into force of this Act, the Minister of Justice shall issue the 
ordinance under Art. 450a, para. 3 .
 
§ 72. (1) Within 18 months of the entry into force of this Act, the Ministry of Justice shall create 
the Online Platform For Electronic Public Auctions.
(2) Within 12 months of the entry into force of this Act, the Minister of Justice shall issue the 
ordinance under Art. 501a, para. 6 .
 
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.§ 73. Public sales declared prior to the entry into force of this Act shall be completed according to 
the current order. In the cases where public sales have been declared as unsuccessful, the new starting price 
shall be determined by the order of this act.
 
§ 74. Pending proceedings for cassation appeals submitted before the entry into force of this act 
shall be considered under the present order.
 
Transitional and concluding provisions  
TO THE CONCESSIONS ACT  
(PROM. – SG 96 OF 2017, IN FORCE FROM 02.01.2018)
§ 41. The act shall enter into force within one month from its promulgation in the State Gazette, 
with the exception of:
1. Article 45, Para. 5, which shall enter into force within 12 months of the promulgation of the act 
in the State Gazette;
2. Article 191, Para. 2-5, Art. 192 and 193, which shall enter into force on January 31, 2019.
 
Concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE LABOUR CODE  
(PROM. - SG 102/17, IN FORCE FROM 22.12.2017)
§ 9. This Act shall enter into force on the day of its promulgation in the State Gazette, with the 
exception of § 2, item 2 and § 6, items 3, 4 and 5, which shall enter into force on 31 March 2018.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. – SG 65/18, IN FORCE FROM 07.08.2018)
§ 5. Judicial proceedings pending at the entry into force of this Act shall be completed under the 
present procedure, regardless of the change of jurisdiction.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 8. The Act shall enter into force on the day of its promulgation in the State Gazette, with the 
exception of § 1 and 6, which are to enter into force on 1 September 2018.
Concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON THE COMMERCIAL 
REGISTER AND THE NON-PROFIT LEGAL ENTITIES REGISTER  
(PROM. – SG 38/19, IN FORCE FROM 10.05.2019)
§ 3. This Act shall enter into force on the day of its promulgation in the State Gazette.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE MARKETS IN FINANCIAL 
INSTRUMENTS ACT  
(PROM. – 83/19, IN FORCE FROM 22.10.2019)
§ 82. This Act shall enter into force on the day of its promulgation in the State Gazette, except for:
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.1. paragraph 60 which enters into force 6 months after the promulgation of the Act in the State 
Gazette;
2. paragraph 67, items 6 and 7, which enter into force on the day on which starts to apply the 
decision of the European Central Bank for close cooperation pursuant to Art. 7 of Council Regulation (EU) 
№ 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank 
concerning policies relating to the prudential supervision of credit institutions;
3. paragraph 77 which enters into force on 1 November 2019.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE CODE OF CIVIL PROCEDURE  
(PROM. - SG 110/20, IN FORCE FROM 30.06.2021)
§ 22. At the request of a lawyer, registered by June 30, 2022, in the unified portal for electronic 
justice, the serving may be carried out according to an order chosen by him.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 28. This Act shall enter into force on June 30, 2021, with the exception of:
1. paragraphs 9 and 25, which shall enter into force on June 30, 2022;
2. paragraphs 26 and 27, which shall enter into force on December 31, 2020.
Transitional and concluding provisions  
TO THE BULGARIAN SIGN LANGUAGE ACT  
(PROM. – SG 9/21, IN FORCE FROM 06.02.2021)
§ 9. The act shall enter into force three days from its promulgation in the State Gazette, with the 
exception of Art. 10, Para. 2-5, which shall enter into force on September 15th, 2026.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE ELECTRONIC GOVERNMENT ACT  
(PROM. - SG 15/22, IN FORCE FROM 22.02.2022)
§ 29. This Act shall enter into force on the day of its promulgation in the State Gazette.
Източник: Правно-информационни системи "Сиела" 16.08.2022 г.