Subject Matter
Article 1. This Code regulates proceedings in the matter of civil cases.
Due Protection and Facilitation
Article 2. Courts shall be obligated to examine and adjudicate in each petition submitted thereto for protection and facilitation of personal and property rights.
Good Faith
Article 3. The persons participating in court proceedings and the representatives thereof, on pain of liability for damages, shall be obligated to exercise the procedural rights conferred thereon in good faith and in compliance with good morals. The said persons shall be obligated to present to the court nothing but the truth.
Court Language, Oral Interpreters and Sign-Language Interpreters
Article 4. (1) Court proceedings shall be conducted in the Bulgarian language.
(2) Where any persons participating in the case have no command of the Bulgarian language, the court shall appoint an oral interpreter with the assistance of whom such persons shall perform the court procedural steps and shall be provided with an explanation of the steps taken by the court.
(3) Where a deaf or a mute person participates in the case, a sign-language interpreter shall be appointed thereto.

Chapter Two
FUNDAMENTAL PRINCIPLES

Legality
Article 5. The court shall examine and adjudicate in cases according to the precise meaning of the laws, and where the laws are deficient, obscure or conflicting, according to the common sense thereof. In the absence of an applicable law, the court shall found the judgment thereof on the fundamental principles of law, custom and ethics.
Dispositive Principle
Article 6. (1) Court proceedings shall commence on a petition by the interested party or on a motion by the prosecutor in the cases specified by a law.
(2) The subject matter of the case and the amount of the protection and facilitation due shall be determined by the parties.
Ex Officio Principle
Article 7. (1) The court shall perform ex officio the procedural steps necessary for the progress and close of the case and shall see to the admissibility and due performance of the procedural steps by the parties. The court shall facilitate the parties to clarify the factual and legal aspects of the case.
(2) The court shall serve upon the parties a transcript of the acts which are subject to appellate review by separate appeal.
Adversarial Principle
Article 8. (1) Each party shall have the right to be heard by the court before rendition of an act relevant to the rights and interests of the said party.
(2) The parties shall indicate the facts underlying the demands thereof and shall present evidence supporting the said facts.
(3) The court shall afford the parties an opportunity to familiarize themselves with the demands and arguments of the opposing party, with the subject matter of the case and the progress thereof, as well as to express a stand on the said demands, arguments and subject matter.
Equality of Parties
Article 9. The court shall afford the parties an equal opportunity to exercise the rights conferred thereon. The court shall apply the law equally in respect of all.
Establishment of the Truth
Article 10. The court shall afford the parties an opportunity and shall facilitate the parties to establish the facts relevant to adjudication of the case.
Publicity and Immediacy
Article 11. Cases shall be examined orally in public session, save as where a law provided that such examination take place in camera.
Inner Conviction
Article 12. The court shall weigh all evidence in the case and the arguments of the parties, guided by its inner conviction.
Examination and Adjudication of Cases within Reasonable Time
Article 13. The court shall examine and adjudicate in the cases within a reasonable period of time.

Chapter Three
JURISDICTION

Jurisdiction over Civil Cases
Article 14. (1) The courts shall have jurisdiction over all civil cases.
(2) The court shall have discretion to determine whether a case instituted is entertainable thereby.
(3) No other institution shall have the right to admit for examination a case which is already being examined by the court.
Verification of Jurisdiction
Article 15. (1) The question of whether a case instituted is under the jurisdiction of the court may be raised either by the parties or ex officio by the court during any stage of the proceeding, save as where a time limit for this is established in a law.
(2) The ruling of the court on this issue shall be appealable by an interlocutory appeal.
Jurisdiction Dispute
Article 16. Where the courts and the other institutions have refused to examine a case by reason of declining jurisdiction, the plaintiff may bring a jurisdiction dispute before the Supreme Court of Cassation.
Competence over Pre-conditioning Questions
Article 17. (1) The court shall take a stand on all questions which are relevant to adjudication of the case, with the exception of the question as to whether a criminal offence has been committed.
(2) The court shall pronounce on the validity of administrative acts as an incidental question regardless of whether the said acts are subject to judicial review. The court may not pronounce on the legal conformity of administrative acts as an incidental question, save as where any such act is opposed to a party to the case who did not participate in the administrative proceeding for the issuing and appellate review of the said act.
Judicial Immunity
Article 18. (1) The Bulgarian court shall be competent to examine actions where to a foreign State, as well as a person enjoying judicial immunity, is a party in the following cases:
1. where judicial immunity is waived;
2. under actions based on contractual relations, where the obligation is performed in the Republic of Bulgaria;
3. under actions for damages sustained as a result of a tort or delict where the harmful act was committed in the Republic of Bulgaria;
4. under actions regarding rights to succession property and vacant succession in the Republic of Bulgaria;
5. under cases which are under the exclusive jurisdiction of the Bulgarian courts.
(2) The provisions of Items 2, 3 and 4 of Paragraph (1) shall not apply to any legal transactions and moves performed in execution of official functions of the persons or, respectively, in connection with the exercise of sovereign rights of the foreign State.
Arbitration Agreement
Article 19. (1) The parties to a property dispute may agree that the said dispute be settled by an arbitration court, unless the said dispute has as its subject matter any rights in rem or possession of a corporeal immovable, maintenance obligations or rights under an employment relationship.
(2) The arbitration may have a seat abroad if one of the party has his, her or its habitual residence, registered office according to the basic instrument thereof or place of the actual management thereof abroad.

Chapter Four
COURTS

Court Panel
Article 20. First-instance cases shall be examined by a one-judge panel, and intermediate appellate review cases and cassation cases shall be examined by a three-judge panel, including a presiding judge.
Deliberation
Article 21. (1) The deliberation and the voting of the court panel shall be moderated by the presiding judge and shall be conducted in camera.
(2) None of the judges may abstain from voting.
(3) The members of the panel shall vote in the order of seniority. The first to vote shall be the junior member, and the presiding judge shall vote last.
(4) Where, upon adjudication of the case on the merits, the court has to pronounce on several actions, a separate vote shall be taken on each of the said actions.
(5) Judgments of the court shall be adopted by a majority of the votes of the judges.
(6) Any judge who dissents from the opinion of the majority shall sign the judgment, reasoning separately for his or her dissenting opinion.
Grounds for Recusal
Article 22. (1) Participation in a case as a judge shall be inadmissible for any person:
1. who is a party to the case or, together with any of the parties to the case, has entered into the legal relation at issue or into a legal relation linked thereto;
2. who is a spouse of or a lineal relative up to any degree of consanguinity, or a collateral relative up to the fourth degree of consanguinity, or an affine up to the third degree of affinity, to any of the parties or to any representative of any such party;
3. who is a de facto cohabitee with any party to the case or with any representative of any such party;
4. who has been a representative or an attorney-in-fact, as the case may be, of any party to the case;
5. who has taken part in adjudication in the case in a court of another instance or who has been a witness or an expert witness in the case;
6. in respect of whom other circumstances exist which give rise to reasonable doubts as to the impartiality of the said person.
(2) The judge shall be obligated to exclude himself or herself in the cases covered under Items 1 to 5 of Paragraph (1), and should he or she decline the recusal under Item 6 of Paragraph (1), to disclose the circumstances.
Recusal Procedure
Article 23. (1) Each of the parties may move for exclusion during a hearing after the grounds for exclusion have arisen or have become known.
(2) The court shall determine the question of the exclusion with the participation of the judge in respect of whom the motion was made.
(3) If, owing to the exclusion of judges, the examination of the case at the relevant court is impossible, the superior court shall decree the transmittal of the case for examination to another court of equal rank.
Recusal of Other Officials
Article 24. The prosecutor and the clerk of court may be excluded on the grounds covered under Article 22 (1) herein.
Rogatory Commissions
Article 25. (1) Where evidence has to be taken outside the geographical jurisdiction of the court, the court may commission the territorial regional court to take the said evidence.
(2) The court shall communicate to the commissioned court the time limit where within the evidence must be taken and, if possible, the day of the next succeeding hearing of the case.
(3) The commissioned court shall notify the commissioning court forthwith of all circumstances which delay or impede the fulfilment of the commission.
(4) The commissioned court shall render a ruling on all questions in connection with the fulfilment of the commission.

Chapter Five
PARTIES. REPRESENTATION

Parties
Article 26. (1) Parties to civil cases shall be the persons who or which sue and who or which are sued.
(2) Save in the cases provided for by a law, no one may claim under another's rights on one's own behalf before a court of law.
(3) A prosecutor may participate in the proceeding, enjoying the rights of a party, in the cases provided for by a law. A prosecutor may not perform any steps which constitute disposition of the subject matter of the case.
(4) In a case under which any person claims under another's right, the person under whose right the first-mentioned person claims shall likewise be summoned as a party.
Capacity to Have Procedural Rights and Duties
Article 27. (1) A person shall be capable of having procedural rights and duties if the said person is of full capacity to have rights and duties under the substantive law.
(2) The government institutions which are spending units shall likewise be capable of having procedural rights and duties. If a government institution is not a spending unit, the court procedural steps shall be performed by and against the superior institution which is a spending unit.
Procedural Capacity to Sue
Article 28. (1) The natural persons of full capacity to act shall perform procedural steps at court in person.
(2) Minors and limited interdicts shall perform procedural steps at court in person, but with the consent of the parents or curators thereof.
(3) Minors may sue in person for any disputes over employment relationships or for any disputes arising from transactions referred to in Article 4 (2) of the Persons and Family Act, as well as in other cases specified by a law.
(4) Minors and full interdicts shall be represented by the legal representatives thereof: parents or tutors.
Ad Hoc Procedural Representation
Article 29. (1) Absent persons unheard of shall be represented by representatives thereof appointed by the court, and persons declared absent shall be represented by the heirs where to possession has been delivered.
(2) The party who wishes to perform a procedural step which brooks no delay in respect of any person who lacks procedural capacity to sue and who does not have a legal representative or curator, may approach the court where before the case is pending with a motion to appoint an ad hoc representative of the said party. In such case, the costs shall be initially borne by the said party.
(2) A person whose permanent and current address is unknown shall be represented by a person expressly appointed by the court. In such case, the costs shall be initially borne by the opposing party.
(4) If there is a conflict between the interests of a represented person and a representative, the court shall appoint an ad hoc representative. In such case, the court, acting according to the circumstances, shall rule whether the costs shall be initially borne by the represented person or by the representative.
(5) The ad hoc representative may perform steps for which an express power of attorney is required solely with the approval of the court where before which the case is pursued.
Representation of Legal Persons
Article 30. (1) Legal persons shall be represented before the courts by the persons who represent the said persons by law or according to the rules of organization thereof.
(2) In the absence of a rule for representation, the legal person shall be represented by two members of the management thereof.
(3) Government institutions shall be represented by the heads thereof according to the rules of organization of the said institutions.
(4) Municipalities shall be represented by the mayors.
Representation of the State
Article 31. (1) The State shall be represented by the Minister of Finance, unless otherwise provided for in a law.
(2) In cases concerning corporeal immovables constituting state property, the State shall be represented by the Minister of Regional Development and Public Works.
Representation Per Procurationem
Article 32. The following may be representatives of the parties by authorization:
1. the lawyers;
2. the parents, the children or the spouse;
3. the legal advisers or other employees possessing legal qualifications at the institutions, the enterprises, the legal persons and the sole trader;
4. the regional governors, authorized by the Minister of Finance or by the Minister of Regional Development and Public Works, in the cases referred to in Article 31 herein;
5. other persons provided for in a law.
Power of Attorney
Article 33. The attorneys-in-fact shall identify themselves by means of a power of attorney signed by the party or by the representative thereof. The power of attorney shall state the forename, patronymic and surname, the exact address and telephone number of the attorney-in-fact. Authorization may furthermore be made orally before the court, and shall be included in the judicial record of the court hearing.
Representative Authority
Article 34. (1) A general power of attorney shall confer a right to perform all procedural steps at court, including receipt of costs deposited and sub-delegation.
(2) Bringing actions for civil status, including matrimonial actions, shall require an express power of attorney.
(3) Conclusion of a settlement, diminution of the demand, withdrawal from or abandonment of the action, acknowledgment of the demands of the other party, receipt of money or of other valuables, as well as any steps constituting disposition of the subject matter of the case, shall require an express power of attorney.
(4) A power of attorney shall remain valid until completion of the case in the courts of all instances, unless otherwise agreed.
Withdrawal of Authorization
Article 35. The principal shall have the right to withdraw at any time the authorization granted thereby, notifying the court thereof, but this shall not stay the examination of the case. All steps performed lawfully by the attorney-in-fact until withdrawal of the power of attorney shall remain valid.
Adjournment of Case upon Termination of Authorization
Article 36. In the event of death, mental derangement or deprivation of rights of the principal, as well as upon renunciation of the authorization thereof, of which the said principal has notified the court, the proceeding in the matter of the case shall not be stayed but examination of the case may be adjourned for another hearing if the court determines that these circumstances could not have become known to the party or that the party has learnt of the said circumstances too late to be able to replace the attorney-in-fact in due time.

Chapter Six
COMMUNICATIONS AND SUMMONSES
Section I
Communications

Addressee
Article 37. Addressee shall be the person wherefore the communication is destined.
Address for Service
Article 38. A communication shall be served at the address named under the case. Where the addressee has not been found at the address named, the communication shall be served at the current address of the said addressee, and in the absence of a current address, at the permanent address.
Service upon Representative
Article 39. (1) Where the party has named a person for service of communications in the seat of the court (a legal addressee), or where the party has an attorney-in-fact for the case, service shall be effected upon the said person or upon the attorney-in-fact.
(2) Where several plaintiffs or respondents have named a shared legal addressee or have a shared attorney-in-fact in the seat of the court, a single communication shall be issued for all persons, wherein the names thereof shall be stated.
(3) If there are multiple plaintiffs or respondents, where the interests thereof are not conflicting, the court, acting either on a motion by the opposing party or at its own discretion, may order the said plaintiffs or respondents to name one of them or another person as a shared legal addressee. Upon failure to comply with this obligation, the court may appoint a representative of the said plaintiffs or respondents for service of papers at their own expense and risk.
(4) Where the addressee lacks procedural capacity to sue, the communication shall be served upon the legal representative thereof.
Legal Addressee
Article 40. (1) Any party, who resides abroad or leaves the country for more than one month, shall be obligated to name a person in the seat of the court for service of communications: a legal addressee, if the said party does not have an attorney-in-fact for the case in the Republic of Bulgaria. The same obligation shall apply to the legal representative, the curator and the attorney-in-fact of any such party.
(2) Where the persons referred to in Paragraph (1) fail to name a legal addressee, all communications shall be filed with the case records and shall be presumed served. The said persons must be warned of these consequences by the court upon service of the first communication.
Obligation to Notify
Article 41. (1) Any party, who is absent for more than one month from the address which the said party has communicated under the case or whereat a communication has been served thereon once, shall be obligated to notify the court of the new address thereof. The same obligation shall furthermore apply to the legal representative, the curator and the attorney-in-fact of any such party.
(2) Upon failure to comply with the obligation referred to in Paragraph (1), all communications shall be filed with the case records and shall be presumed served. The said persons must be warned of these consequences by the court upon service of the first communication.
Server
Article 42. (1) Communications shall be served by a court official, by post or through a courier service by means of a registered item with an addressee's acknowledgment of receipt. Where there is no court institution in the place of service, service may be effected care of the municipality or the mayoralty.
(2) On a motion by the party, the court may order that communications be served by a private enforcement agent. The costs of the private enforcement agent shall be borne by the party.
(3) Where the communication has not been served in another manner, the court may decree, as an exception, that service be effected by a court official by means of telephone, telex, telefax or by telegram.
(4) Communications may furthermore be served upon the party at an electronic address named thereby. Any such communications shall be presumed served upon the receipt thereof in the named information system.
Manner of Service
Article 43. (1) A communication shall be served personally or through another person.
(2) The court may order that service be effected by means of filing of the communication with the case records or by means of posting of a notification.
(3) The court may order that service be effected by means of publication.
Attestation of Service
Article 44. (1) The server shall attest, by the signature thereof, the date and the manner of service, as well as all steps in connection with the service. The server shall furthermore note the capacity of the person whereupon the communication has been served. The recipient shall likewise attest, by the signature thereof, that the said recipient has received the communication. A refusal to accept a communication shall be noted on the receipt and shall be attested by the signature of the server. The refusal of the recipient shall not affect the dueness of the service.
(2) Service by telephone or by telefax shall be attested in writing by the server, and service by telegram shall be attested by an advice of delivery of the said telegram, and where service has been effected by means of telex, service shall be attested by a written confirmation of delivery of the message. Service by post shall be attested by the addressee's acknowledgment of receipt.
(3) Service at an electronic address shall be attested by a copy of the electronic record of the service.
(4) The receipt attesting service by a court official or by a private enforcement agent, the addressee's acknowledgment of receipt attesting service by a postal officer, the advice of delivery of a telegram, as well as the written confirmation of delivery of a message by telex, shall be returned to the court immediately after being drafted.
Personal Service
Article 45. A communication shall be served upon the addressee personally. Service upon a representative shall be considered personal service.
Service upon Another Person
Article 46. (1) Where a communication cannot be served upon the addressee personally, the said communication shall be served upon another person who is willing to accept it.
(2) Another person may be any member of the household or any person who resides at the address, or who is a factory or office worker employed by or, respectively, an employer of the addressee and who has attained the age of 18 years. The person where through service is effected shall sign the receipt, undertaking to pass the summons to the addressee. Service may not be effected upon persons who participate in the case as an opposing party to the addressee.
(3) The court shall exclude from the range of other persons those who are interested in the outcome of the case or who are expressly named in a written statement by the addressee. These persons shall be listed in the communication and in the addressee's acknowledgment of receipt.
(4) Upon receipt of the communication by the other person, service shall be presumed effected upon the addressee. The addressee may move for resumption of the time limit if the addressee was absent from the address and was unable to learn of the service in due time. The time limit referred to in Article 64 (2) herein shall begin to run as from the time when the addressee was able to learn of the service.
Service through Posting of Notification
Article 47. (1) Where the respondent cannot be found at the address named under the case and a person willing to accept the communication cannot be found, the server shall post a notification on the door or on the mailbox, and where no access is afforded thereto, on the front door or in a conspicuous place around the front door. Where the mailbox is accessible, the server shall place a notification therein as well.
(2) The notification shall state that the papers have been left at the office of the court, where service is effected through a court official or a private enforcement agent or, respectively, at the municipality, where service is effected through a municipal official, as well as that the said papers can be claimed there within two weeks after the posting of the notification.
(3) Where the respondent does not present himself or herself to claim the papers, the court shall instruct the plaintiff to present a statement of search of records regarding the residence registration of the respondent, except in the cases referred to in Article 40 (2) and Article 41 (1) herein, when the communication shall be filed with the case records. If the address named in the statement is other than the permanent and current address of the party, the court shall order service at the current or permanent address according to the procedure established by Paragraphs (1) and (2).
(4) Where the server finds that the respondent does not reside at the address named, the court shall instruct the plaintiff to present a statement of search of records regarding the residence registration of the respondent notwithstanding the posting of the notification under Paragraph (1).
(5) The communication shall be presumed served upon expiry of the time limit for claiming the said communication from the office of the court or the municipality.
(6) Having established that the service has been duly effected, the court shall order that the communication be filed with the case records and shall appoint an ad hoc representative at the expense of the plaintiff.
(7) The provisions of Paragraphs (1) to (5) shall apply, mutatis mutandis, to the service of communications on an assisting party.
(8) The provisions of Paragraphs (1) and (2) shall apply to the service of communications on a witness, an expert witness and a person who does not participate in the case, with any such communication being deposited in the mailbox and, where no access is afforded thereto, through posting of a notification.
Service through Publication
Article 48. (1) If, when the case is instituted, the respondent does not have a registered permanent or current address, on a motion by the plaintiff, service shall be effected through publication in the Unofficial Section of the State Gazette, performed at least one month before the hearing. The court shall authorize the effecting of service according to this procedure after the plaintiff certifies by a statement of search of records that the respondent does not have a residence registration and the plaintiff confirms by a declaration that the said plaintiff is not aware of the address of the respondent abroad.
(2) If, despite the publication, the respondent fails to appear in court upon examination of the case, the case shall appoint an ad hoc representative of the said respondent at the expense of the plaintiff.
Place of Service
Article 49. The place of service shall be the residence, the weekend house, the place of employment, the place of civil service, the registered office, the place of implementation of economic activity or another place which is inhabited by the addressee, as well as any other place wherein the addressee can be found.
Service upon Merchants and Legal Persons
Article 50. (1) The place of service of a merchant and of a legal person which is recorded in the relevant register shall be the last address named in the register.
(2) If the person has left the address thereof and the new address thereof is not recorded in the register, all communications shall be filed with the case records and shall be presumed duly served.
(3) Service upon merchants and upon legal persons shall take place at the offices thereof and may be effected upon each office or factory worker who is willing to accept them. Upon attestation of the service, the server shall indicate the names and position of the recipient.
(4) Where the server does not obtain access to the office and does not find a person willing to accept the communication, the server shall post a notification under Article 47 (1) herein. A second notification shall not be posted.
Service upon Lawyer
Article 51. (1) Service upon a lawyer shall be effected personally at the office of the said lawyer or in any place where the said lawyer is on business. Service at the office may be effected upon any person who works for or assists the lawyer. Upon attestation of the service, the server shall indicate the name and capacity of the recipient.
(2) Where a person to receive the communication cannot be found at the lawyer's office, the server shall post a notification under Article 47 (1) herein. A second notification shall not be posted.
(3) The lawyer may not refuse to receive a communication of a client thereof, except after withdrawal of the power of attorney according to the procedure established by Article 35 herein, renunciation of authorization under Article 36 herein, as well as where the power of attorney unambiguously shows that it does not refer to the court of the instance where to the summoning applies. A refusal of the lawyer to accept the communication shall be noted in the receipt and shall be attested by the signature of the server. Any such refusal shall not affect the dueness of the service.
Service upon Government Institutions and Municipalities
Article 52. Government institutions and municipalities shall be obligated to ensure an official to accept communications within normal business hours.
Service upon Foreigners Resident in Bulgaria
Article 53. Service upon foreigners resident in Bulgaria shall be effected at the address stated to the relevant administrative services.
Cure of Non-conformities upon Service
Article 54. If there are any non-conformities upon the service, the said service shall be presumed effected at the time at which the communication actually reached the addressee.
Standard Forms
Article 55. The Minister of Justice shall issue an ordinance endorsing thereby the standard forms of all papers related to service.

Section II
Summoning

Summonses
Article 56. (1) The court shall summon the parties for the hearings of the case.
(2) Upon adjournment of the case, the parties who are duly summoned shall not be summoned for the next succeeding hearing where the date of the said hearing has been announced during the hearing.
(3) Summoning shall be effected not later than one week before the hearing. This rule shall not apply in the enforcement procedure.
Summons: Content
Article 57. A summons shall state:
1. the issuing court;
2. the name and address of the person summoned;
3. the case and the capacity in which the person is summoned;
4. the place and time of the hearing, and
5. the legal consequences of non-appearance.
Procedure for Service of Summonses
Article 58. Summonses under a case shall be served according to the procedure applicable to service of communications.

Chapter Seven
TIME LIMITS AND RESUMPTION OF TIME LIMITS
Section I
Time Limits

Setting of Time Limits
Article 59. The time limits in the procedure, which are not established by the law, shall be set by the court.
Calculation of Time Limits
Article 60. (1) A time limit shall be calculated in years, months, weeks and days.
(2) A time limit which is counted in years shall expire on the respective day of the last year, and if the month in the last year lacks a respective day, the time limit shall expire on the last day of the said month.
(3) A time limit which is counted in months shall expire on the respective day of the last month, and if the last month lacks a respective day, the time limit shall expire on the last day of the said month.
(4) A time limit which is counted in weeks shall expire on the respective day of the last week.
(5) A time limit which is counted in days shall be calculated as from the day next succeeding the day from which the time limit begins to run, and shall expire at the end of the last day.
(6) Where the last day of a time limit is a non-working day, the time limit shall expire on the first next succeeding working day.
Suspension of Time Limit
Article 61. As the proceeding is stayed, all time limits which have begun to run but have not expired shall be suspended. In such case, the suspension of the time limit shall begin as from the event in connection with which the proceeding has been stayed.
Expiry of Time Limit
Article 62. (1) The last day of the time limit shall continue until the end of the twenty-four hour, but if any step has to be performed or if anything has to be presented in court, the time limit shall expire at the time of close of normal business hours.
(2) A time limit shall not be considered exceeded where the petition has been dispatched by post. A time limit shall not be considered exceeded, either, where the petition has been submitted to another court or to the prosecution office within the time limit, except where submitted by electronic means.
(3) Where the court sets a time limit longer than the time limit established by a law, a step performed after the expiry of the statutory time limit but before the expiry of the time limit set by the court shall not be considered overdue.
Extension of Time Limit
Article 63. (1) The statutory time limits and the time limits set by the court may be extended by the court on a petition by the interested party submitted before the expiry of the time limits, if there are valid reasons.
(2) The newly set time limit may not be shorter than the initial time limit. An extension of the time limit shall run as from the expiry of the initial time limit.
(3) Paragraph (1) shall not apply to the time limits for appellate review and for submission of a petition for a reversal of an effective judgment.

Section II
Resumption of Time Limits

Conditions
Article 64. (1) Any procedural steps performed after the expiry of the time limits as set shall be ignored by the court.
(2) A party, which has exceeded any time limit established by the law or set by the court, may move for resumption of the said time limit if the said party proves that the excess was due to special unforeseen circumstances which the said party was unable to overcome.
(3) The petition for resumption shall be submitted within one week after the communication of the excess of the time limit. Resumption shall not be granted if extension of the time limit for performance of the omitted step was possible.
(4) The time limit for submission of a petition for resumption of a time limit may not be extended.
Petition for Resumption
Article 65. (1) The petition shall state:
1. all circumstances which justify the petition;
2. all items of evidence proving that the petition is well-founded.
(2) Any papers for the issuing whereof a resumption of the time limit is required shall be submitted simultaneously with the petition for resumption of the time limit, and where the time limit is for depositing of amounts for costs, the court shall set a new time limit for depositing the said amounts.
(3) Submission of the petition shall not suspend the course of the proceedings.
Procedure
Article 66. (1) The petition shall be submitted accompanied by a transcript for the opposing party, who may give an answer within one week. The petition shall be examined in public session.
(2) An interlocutory appeal may be lodged against a ruling whereby resumption of the time limit is refused.
(3) Where granting of the petition necessitates the holding of a public court session, the court may, where necessary, vacate the steps performed before resumption of the time limit.
Costs
Article 67. All costs, which have arisen for the opposite party from the excess of the time limit and in the proceeding for resumption of the time limit, shall be borne by the petitioner.

Chapter Eight
FEES AND COSTS
Section I
Cost of Action

Cost of Action
Article 68. The value of the subject matter of the case, appraised in money, shall be the cost of action.
Cost of Action: Amount
Article 69. (1) The amount of the cost of action shall be:
1. in actions for pecuniary receivables: the sum claimed;
2. in actions for ownership and other rights in rem to an immovable: the tax assessed value or, in the absence of such value, the market price of the right in rem;
3. in actions for disturbed possession: one-fourth of the amount referred to in Item 2;
4. in actions for existence, for annulment or for rescission of a contract and for conclusion of a final contract: the value of the contract, and where the contract has, as a subject matter, any rights in rem to an immovable, the amounts referred to in Item 2;
5. in actions for existence or termination of a lease contract: the rent for one year;
6. in actions for term annuities: the sum total of all payments;
7. in actions for perpetual annuities or for life annuities: the sum total of the payments for three years.
(2) In actions which are not specified under Paragraph (1), the court shall determine the initial cost of action.
Cost of Action: Determination
Article 70. (1) The cost of action shall be named by the plaintiff. An issue of the cost of action may be raised either by the respondent or ex officio by the court at the latest during the first hearing for examination of the case. In the event of discrepancy between the cost named and the actual cost, the court shall determine the cost of action.
(2) The ruling of the court, whereby the cost of action is increased, shall be appealable by an interlocutory appeal.
(3) In actions where under an appraisal gives rise to difficulties at the time when the action is brought, an approximate cost of action shall be determined by the court and an additional fee shall subsequently be charged or the over collected fee shall be refunded depending on the cost which the court determines upon adjudication of the case.

Section II
Stamp Duties and Costs

Incurrence of Fees and Costs
Article 71. (1) Stamp duties on the cost of action and court costs shall be collected upon conduct of the case. Where the action is unappeasable, the amount of the stamp duty shall be determined by the court.
(2) Where the subject matter of the case is a right of ownership or other rights in rem to an immovable, the amount of the stamp duty shall be determined on one-fourth of the cost of action.
Stamp Duties upon Joinder of Actions
Article 72. (1) In cumulatively joined actions brought by a single petition, stamp duty shall be collected for each action.
(2) In alternatively or eventually joined actions brought by a single petition against a single person, stamp duty shall be collected for a single action.
(3) In alternatively or eventually joined actions against multiple persons, stamp duty shall be collected for the actions against each person.
Stamp Duty
Article 73. (1) There shall be simple and proportionate stamp duties.
(2) Simple duties shall be determined on the basis of the material, technical and administrative expenses required for the proceeding. Proportionate taxes shall be determined on the basis of the proprietary interest.
(3) The stamp duty shall be collected upon presentation of a motion for protection or facilitation and upon the issuing of the document for which duty is paid, according to a rate schedule adopted by the Council of Ministers.
Modification of Demand
Article 74. Upon diminution of the demand, the stamp duty paid shall not be refunded. Upon increase of the demand, the stamp duty on the difference shall be paid additionally.
Determination of Costs
Article 75. The remuneration of witnesses shall be determined by the court considering the time allocated and the expenses incurred, and the remuneration of expert witnesses shall be determined by the court considering the work done and the expenses incurred.
Advance Deposit for Costs
Article 76. Each party shall make an advance deposit to the court for the costs for the steps which the said party has moved for. The amounts for costs for steps on a motion by both parties or on the initiative of the court shall be deposited by both parties or by one party depending on the circumstances.
Coercive Collection of Costs
Article 77. If any costs remain due by a party, the court shall render a ruling on the coercive collection of the said costs.
Award of Costs
Article 78. (1) The fees paid by the plaintiff, the costs of the proceeding and the fees for one lawyer, if any, shall be paid by the respondent commensurate to the portion of the action granted.
(2) If the respondent has not provided an occasion for institution of the case by the behaviour thereof or if the respondent acknowledges the demand, the costs shall be awarded against the plaintiff.
(3) The respondent, too, shall have the right to move for payment of the costs incurred thereby commensurate to the portion of the action dismissed.
(4) The respondent shall be entitled to costs even upon dismissal of the case.
(5) If the fees for a lawyer paid by the party are excessive considering the actual legal and factual complexity of the case, the court, acting on a motion by the opposing party, may award a lower amount of the costs in this part, but not less than the minimum amount set according to Article 36 of the Bar Act.
(6) Where the case has been adjudicated in favour of a person for whom payment of stamp duty or of costs of the proceeding is waived, the person found against shall be obligated to pay all fees and applicable costs due. The respective amounts shall be awarded in favour of the court.
(7) If the claim of a recipient of legal aid is granted, the lawyers' fees paid shall be awarded in favour of the National Legal Aid Office commensurate to the portion of the action granted. In the cases of a judgment adverse to the recipient of legal aid, the said recipient shall owe costs commensurate to the portion of the action dismissed.
(8) A lawyer's fee shall be awarded, inter alia, in favour of legal persons and sole traders, if the said persons and traders have been defended by a legal adviser.
(9) Upon conclusion of the case by a settlement, half of the stamp duty deposited shall be refunded to the plaintiff. The costs of the proceeding and of the settlement shall be borne by the parties who incurred the said costs, unless otherwise agreed.
(10) A third-party intervenor shall not be awarded costs, but any such intervenor shall owe the costs inflicted by the procedural steps thereof.
(11) Where the prosecutor participates in the case as a party, the costs due shall be awarded to the State or shall be paid thereby.
Costs of Enforcement
Article 79. (1) The costs of enforcement shall be borne by the State except in the cases where:
1. the case is dismissed according to Article 433 herein, except by reason of a payment effected after commencement of the enforcement proceeding, or
2. the enforcement steps are abandoned by the execution creditor or are vacated by the court.
(2) Where the fees on enforcement are not deposited by the execution creditor, the said fees shall be collected from the execution debtor.
List of Costs
Article 80. The party who has moved for the award of costs shall present to the court a list of costs not later than before the close of the last hearing in the court of the relevant instance. Failing this, the said party shall not have the right of appeal against the judgment in its part concerning the costs.
Award of Costs
Article 81. In each act which concludes the case in the court of the relevant instance, the court shall pronounce, inter alia, on the demand of costs.
Order Regarding Amounts Deposited for Costs and Bonds
Article 82. Any amounts for costs and bonds deposited and furnished in money and valuables shall be credited to State budget revenue unless claimed within one year after the date at which the said amounts became eligible.
Waiver of Fees and Costs
Article 83. (1) Fees and costs of the proceeding in the matter of cases shall not be deposited:
1. by the plaintiffs who are factory or office workers or cooperative members in respect of any actions arising from employment relationships;
2. by the plaintiffs: in respect of any actions for maintenance obligations;
3. on any actions brought by a prosecutor;
4. by the plaintiff: in respect of any actions for damages sustained as a result of a tort or delict, for which a sentence has entered into effect;
5. by the ad hoc representatives of the party whose address is unknown, appointed by the court.
(2) Fees and costs of the proceeding shall not be deposited by any natural persons who have been found by the court to lack sufficient means to pay the said fees and costs. Considering the petition for waiver, the court shall take into consideration:
1. the income accruing to the person and to the family thereof;
2. the property status, as certified by a declaration;
3. the family situation;
4. the health status;
5. the employment status;
6. the age;
7. other circumstances ascertained.
(3) In the cases covered under Paragraphs (1) and (2), the costs of the proceeding shall be paid from the amounts allocated under the budget of the court.
Waiver in Special Cases
Article 84. Payment of stamp duty but not of court costs shall be waived for:
1. the State and the government institutions, except on actions for private State receivables and rights to corporeal things constituting private State property;
2. the Bulgarian Red Cross;
3. the municipalities, except in actions for private municipal receivables and rights to corporeal things constituting private municipal property.

Chapter Nine
FINES

Witness, When Fined
Article 85. (1) If a witness summoned to appear in court fails to appear without reasonable excuse, the court shall impose a fine thereon and shall decree that the attendance of the said witness during the next hearing be compelled.
(2) If a witness refuses to testify without reasonable excuse, the court shall impose a fine thereon.
Expert Witness, When Fined
Article 86. If an expert witness fails to appear, refuses to give a conclusion, or fails to present a conclusion in due time without reasonable excuse, the court shall impose a fine thereon.
Third Party, When Fined
Article 87. If a third party who does not participate in the case refuses to present a document or a tangible thing for inspection demanded there from by the court, which has been established to be in the possession of the said party, the court shall impose a fine thereon and shall urge to present the said document or thing.
Fine for Breaches upon Service
Article 88. (1) The court shall impose a fine on any server who has misserved a communication, who has failed to duly attest the service, or who has not returned to court, in due time, the receipt proving service, or who has failed to comply with any other commands of the court in connection with the service.
(2) The court shall impose a fine on the manager of the office, where a person willing to accept a communication cannot be found in the office of a government institution or a municipality within normal business hours.
Fine for Breaches upon Examination of Case
Article 89. The court shall impose a fine for:
1. disorderly behaviour during a court hearing;
2. disobedience of the orders of the court;
3. insult of a judge, a party, a representative, a witness or an expert witness.
Wrongful Receipt of Legal Aid
Article 90. (1) The court shall impose a fine on a party who has stated any untrue or incomplete data in an application for legal aid and, as a result of this, has received or has attempted to receive legal aid.
(2) A fine shall likewise be imposed in the cases where a party who has been granted legal aid fails to notify the court in due time of any circumstances relevant to the judgment referred to in Articles 96 and 97 herein.
Amount of Fine
Article 91. (1) The fine for any breaches covered under Article 85 to 90 herein shall be BGN 50 or exceeding this amount but not exceeding BGN 300.
(2) The fine for any breaches which impede the course of proceedings or which are re-committed shall be BGN 100 or exceeding this amount but not exceeding BGN 1,200.
Appellate Review
Article 92. (1) A petition for vacation of a fine as imposed may be submitted within one week to the court which has imposed the said fine. The time limit shall begin to run as from the day of the court hearing, and in the cases where the person does not attend the hearing, as from the day of the communication.
(2) The court shall examine the petition in camera and, if it finds the reasons set forth valid, the court shall reduce or vacate the fine, as well the compelled attendance.
(3) The ruling shall be appealable by an interlocutory appeal.
Fines upon Coercive Enforcement
Article 93. (1) The enforcement agent shall impose a fine in the amounts referred to in Article 91 herein for:
1. any breaches covered under Articles 85 to 88 herein;
2. posing any obstacles to the viewing of the corporeal thing offered for sale;
3. failure to obey any other commands of the enforcement agent.
(2) The decree whereby the enforcement agent imposes the fine shall be appealable within one week after communication before the regional judge, who shall pronounce in camera, rendering a ruling which shall be unappealable.

Chapter Ten
LEGAL AID

Content of Legal Aid
Article 94. Legal aid shall consist in ensuring defence by legal counsel free of charge.
Grant of Legal Aid
Article 95. (1) An application for legal aid shall be submitted in writing to the court where before the case is pending.
(2) In the ruling whereby the application is granted, the court shall specify the type and scope of the legal aid granted.
(3) The ruling on the grant of legal aid shall have effect as from the submission of the application, unless the court decrees otherwise.
(4) The ruling shall be rendered in camera, unless the court deems it necessary to hear the party in order to clarify all circumstances.
(5) The ruling whereby legal aid is refused shall be appealable by an interlocutory appeal.
(6) The ruling of the court on the interlocutory appeal shall be final.
Termination of Legal Aid
Article 96. (1) Legal aid shall be terminated:
1. upon change of the circumstances on the grounds of which the said aid has been granted;
2. by the death of the natural person whereto the said aid has been granted.
(2) The court, acting either ex officio or on a motion by a party or by the assigned counsel, shall decree termination in whole or in part of the legal aid granted, effective from the time of occurrence of a change in the circumstances which justified the grant of the said aid.
Deprivation of Legal Aid
Article 97. (1) The court, acting either ex officio or on a motion by a party or by the assigned counsel, shall deprive the party of legal aid in whole or in part if it is established that the conditions for the grant of the said aid did not exist at all or in part.
(2) In the case referred to in Paragraph (1), the party shall be obligated to deposit or to restore all amounts from the payment of which the said party has been groundlessly exempted, as well as to pay the fee set by the court to the counsel assigned thereto.
Consequences of Termination and Deprivation of Legal Aid
Article 98. (1) The assigned counsel shall exercise the powers thereof until the entry into effect of the ruling on termination or on deprivation of legal aid, if this is necessary to safeguard the party against adverse legal consequences.
(2) The time limits for appellate review shall be interrupted as from the rendition and until the entry into effect of the ruling on termination or on deprivation of legal aid and shall commence anew thereafter.
Advice of Parties on Legal Aid
Article 99. The court shall apprise the parties of their legitimate rights and obligations in connection with legal aid, as well as of the legal consequences upon failure to comply with the obligations thereof.

Chapter Eleven
PROCEDURAL STEPS BY PARTIES

Form
Article 100. The parties shall perform procedural steps orally during a court hearing. The procedural steps outside a court hearing shall be performed in writing.
Non-conformity of Procedural Step
Article 101. (1) The court, acting ex officio, shall see to the due performance of procedural steps. The court shall instruct the party as to the nature of the non-conformity of the procedural step performed thereby and to the manner in which the said non-conformity can be cured, and shall set a time limit for the curing.
(2) The cured procedural step shall be deemed conforming as from the time of performance thereof.
(3) Upon failure to cure the non-conformity within the time limit set, the procedural step shall be deemed non-performed.
Written Statements
Article 102. (1) Any written statements to the court shall contain:
1. a reference to the court;
2. the name and address of the party making the statement or, respectively, the name and address of the representative where through the statement is effected;
3. the nature of the statement;
4. signature.
(2) The following shall be attached to written statements:
1. a power of attorney, where the statement is effected through a representative;
2. documentary proof of payment of fees and costs, where such are due;
3. transcripts of the statement and the attachments according to the number of opposing parties.

PART TWO
STANDARD ACTION PROCEDURE
TITLE ONE
PROCEEDING BEFORE COURT OF FIRST INSTANCE
Chapter Twelve
COGNIZANCE
Section I
Generic Cognizance

Basic Cognizance
Article 103. The regional court shall take cognizance of all civil cases, with the exception of such as are cognizable in the district court acting as a court of first instance.
Cognizance of District Court
Article 104. The district court, acting as a court of first instance, shall take cognizance of:
1. any actions to establish or disavow filiations, to terminate adoption, any actions for interdiction or for vacation of interdiction;
2. any actions on commercial disputes;
3. any actions for ownership and other rights in rem to an immovable with a cost of action exceeding BGN 50,000;
4. any actions on civil cases with a cost of action exceeding BGN 25,000, with the exception of any actions for maintenance obligations, for labour disputes, and for receivables under deficit deeds;
5. any actions to establish inadmissibility or nullity of a recording, as well as for non-existence of a recorded circumstance, where so provided for in a law;
6. any actions which, under other laws, are subject to examination by the district court.

Section II
Territorial Cognizance

General Territorial Cognizance
Article 105. An action shall be brought before the court within whose geographical jurisdiction the permanent address or the registered office of the respondent is located.
Actions against Minors or Full Interdicts
Article 106. Actions against minors or full interdicts shall be brought before the court exercising jurisdiction over the permanent address of the legal representative thereof.
Actions against Persons whose Address Is Unknown
Article 107. (1) An action against a person whose address is unknown shall be brought before the court exercising jurisdiction over the permanent address of the attorney-in-fact or representative of the said person or, should there be no such attorney or representative, over the permanent address of the plaintiff.
(2) The rules under Paragraph (1) shall furthermore apply to any respondent who does not reside at the permanent address thereof within the territory of the Republic of Bulgaria.
(3) If the respondent does not have a permanent address in the Republic of Bulgaria, either, the action shall be brought before the competent court in Sofia.
Actions against Government Institutions and Legal Persons
Article 108. (1) Actions against government institutions and legal persons shall be brought before the court within whose geographical jurisdiction the place of management or registered office thereof is located. In respect of any disputes which have arisen from direct relations with divisions or branches of any such institutions or persons, actions may alternatively be brought before the court exercising jurisdiction over the location of the said divisions or branches.
(2) Actions against the State shall be brought before the court within whose geographical jurisdiction the legal relation at issue has arisen, except in the cases referred to in Articles 109 and 110 herein. Where the said relation has arisen abroad, the court shall be brought before the competent court in Sofia.
Cognizance in Place of Corporeal Immovable
Article 109. Actions for rights in rem to a corporeal immovable, for partition of a co-owned corporeal immovable, for boundaries, and for remedy against disturbed possession of a corporeal immovable shall be brought before the court exercising jurisdiction over the place where the immovable is located. Actions for conclusion of a final contract for creation and transfer of rights in rem to a corporeal immovable, as well as for rescission, annulment and declaration of nullity of contracts for rights in rem to a corporeal immovable, shall likewise be brought before the court exercising jurisdiction over the place where the immovable is located.
Cognizance in Place of Opening of Succession
Article 110. (1) Actions for succession, for annulment or reduction of testaments, for partition of succession and for annulment of voluntary partition shall be brought before the court exercising jurisdiction over the place where the succession has been opened.
(2) If the decedent is a Bulgarian citizen but the succession has been opened abroad, the actions referred to in Paragraph (1) may be brought before the court exercising jurisdiction over the last permanent address of the said decedent in the Republic of Bulgaria or before the court within whose geographical jurisdiction the immovables of the said decedent are located.
Action for Pecuniary Receivables on Contractual Grounds
Article 111. An action for pecuniary receivables on contractual grounds may be brought, alternatively, before the court exercising jurisdiction over the current address of the respondent.
Action for Maintenance Obligations
Article 112. An action for maintenance obligations may be brought, alternatively, before the court exercising jurisdiction over the permanent address of the plaintiff.
Consumers' Actions
Article 113. A consumer may bring an action, alternatively, before the court exercising jurisdiction over the current or permanent address of the said consumer.
Actions in Labour Cases
Article 114. A worker may bring an action against the employer thereof, alternatively, before the court exercising jurisdiction over the place where the said worker habitually performs the work thereof.
Actions for Tort or Delict
Article 115. An action for damages sustained as a result of a tort or delict may be brought, alternatively, before the court exercising jurisdiction over the place where the act was committed.
Concurrent Cognizance
Article 116. An action against respondents from different geographical jurisdictions or for an immovable located in different geographical jurisdictions shall be brought, at the choice of the plaintiff, before the court of any of the said geographical jurisdictions.
Agreed Cognizance
Article 117. (1) The cognizance determined by the law may not be altered by agreement between the parties.
(2) By written agreement, the parties to a property dispute may name a court other than the court wherein the case is cognizable conforming to the rules of territorial cognizance. This provision shall not apply to the cognizance referred to in Article 109 herein.
(3) An agreement on choice of court under consumers' actions and under labour disputes shall take effect only if concluded after the dispute has arisen.

Section III
Cognizance Proceeding

Verification of Cognizance
Article 118. (1) Each court shall have discretion to decide whether a case commenced before it is cognizable therein.
(2) If the court determines that the case is not cognizable therein, the court shall transmit the said case to the competent court. In such case, the case shall be considered pending before that court as from the day of submission of the petition to the non-competent court, and the steps performed by the latter shall retain the validity thereof.
Opposition over Lack of Cognizance
Article 119. (1) An opposition to the generic cognizance of the case may be lodged prior to the close of the proceeding in the court of second instance and may furthermore be raised ex officio by the court.
(2) An opposition over lack of cognizance of the case in the court exercising jurisdiction over the place where the corporeal immovable is located may be lodged by the party and may be raised ex officio by the court prior to the conclusion of the trial in the court of first instance.
(3) In all cases other than those referred to in Paragraphs (1) and (2), an opposition over lack of cognizance of the case may be lodged solely by the respondent and then within the time limit for answer to the statement of action.
(4) Simultaneously with the lodgment of the opposition, the party shall be obligated to present the evidence thereof.
Stabilization of Cognizance
Article 120. Any changes in the factual circumstances, justifying the territorial cognizance, which have occurred after submission of the statement of action, shall be no grounds for transmittal of the case.
Appellate Review of Ruling on Cognizance
Article 121. The interested party may appeal the ruling in connection with cognizance.
Cognizance Disputes
Article 122. Any cognizance disputes between courts shall be resolved by the common superior court thereof. If the said courts are located within the geographical jurisdictions of different superior courts, the dispute shall be resolved by the superior court within whose geographical jurisdiction the court which last accepted or refused to examine the case is located. Any cognizance disputes involving an appellate court shall be resolved by the Supreme Court of Cassation. The court shall pronounce on any cognizance dispute sitting in camera.
Determination of Cognizance by Supreme Court of Cassation
Article 123. Where the competent court cannot be determined according to the rules of this Chapter, Supreme Court of Cassation, acting on a motion by the party and sitting in camera, shall determine the court where before the action must be brought.

Chapter Thirteen
ORDINARY PROCEEDING
Section I
Bringing an Action

Types of Action
Article 124. (1) Every person may bring an action in order to restore a right thereof where the said right has been impaired, or to establish the existence or non-existence of a legal relation or of a right, where the said person has standing to do so.
(2) An action may be brought for the respondent to be ordered to comply with recurrent obligations, even if the said obligations become exigible after rendition of the judgment.
(3) An action for the arising, modification or termination of civil legal relations may be brought solely in the cases provided for in a law.
(4) An action may be brought to establish the authenticity or falsity of a document. An action to establish the existence or non-existence of other facts of legal relevance shall be admitted solely in the cases provided for in a law.
(5) An action to establish a criminal circumstance relevant to a civil legal relation or to reversal of an effective judgment shall be admitted solely in the cases where criminal prosecution may not be instituted or has been terminated on any of the grounds referred to in Items 2 to 5 of Article 24 (1) or has been suspended on any of the grounds referred to in Item 2 of Article 25 or Article 26 of the Criminal Procedure Code, and in the cases where the perpetrator of the act has remained undiscovered.
Bringing the Action
Article 125. An action shall be brought by the receipt of the statement of action in the court.
Dismissal in Pending Procedure
Article 126. (1) Where two cases between the same parties are pending before the same court or before different courts on the same grounds and in respect of the same demand, the case which has been instituted later shall be dismissed ex officio by the court.
(2) Where the dismissal is decreed by the intermediate appellate review court, the said court shall invalidate the judgment of the court of first instance.
Statement of Action: Content
Article 127. (1) The statement of action must be written in the Bulgarian language and must contain:
1. a reference to the court;
2. the name and address of the plaintiff and respondent, of the legal representatives or attorneys-in-fact thereof, if any, as well as the Standard Public Registry Personal Number of the plaintiff and the telefax and telex number, if any;
3. the cost of action, where the action is appraisable;
4. a narrative of the circumstances upon which the action is based;
5. the nature of the demand;
6. signature of the person who submits the statement.
(2) In the statement of action, the plaintiff shall be obligated to cite the evidence and the specific circumstances which the said plaintiff is to prove thereby, and to present, together with the said statement, all written evidence.
(3) If the submitter of the statement does not know or is unable to sign the said statement, the said statement shall be signed by the person whom the submitter has assigned to do so, stating the reason for which the submitter himself or herself has not signed the statement.
Statement of Action: Attachments
Article 128. The following shall be presented attached to the statement of action:
1. the power of attorney, where the statement is submitted by an attorney-in-fact;
2. documentary proof of payment of stamp duties and costs, where such are due;
3. transcripts of the statement of action and of the attachments thereto according to the number of respondents.
Statement of Action: Verification
Article 129. (1) The court shall verify the conformity of the statement of action.
(2) Where the statement of action does not conform to the requirements covered under Article 127 (1) and under Article 128 herein, a communication shall be sent to the plaintiff instructing the plaintiff to cure the non-conformities within one week, as well as apprising the plaintiff of the possibility to use legal aid, if necessary and if entitled thereto. Where the address of the plaintiff is not named and is unknown to the court, the communication shall be effected by means of posting of a notice in a place designated for this purpose at the court in the course of one week.
(3) Where the plaintiff fails to cure the non-conformities, the statement of action together with the attachments shall be returned, and where the address is unknown, the said statement shall be left in the office of the court at the disposal of the plaintiff. An interlocutory appeal may be lodged against the return of the statement of action without presenting a transcript of the said appeal for service.
(4) It shall be proceeded in the same manner where the non-conformities in the statement of action are noticed in the course of the proceeding.
(5) The cured statement of action shall be considered conforming as from the day of submission.
(6) Any official, who forwards a statement without the full amount of stamp duty having been paid, shall be liable under Article 6 of the Stamp Duty Act.
Verification of Admissibility of Action
Article 130. Where, upon verification of the statement of action, the court establishes that the action brought is inadmissible, the court shall return the statement of action. An interlocutory appeal may be lodged against the return of the statement of action without presenting a transcript for service.
Answer to Statement of Action
Article 131. (1) After accepting the statement of action, the court shall transmit a transcript of the said statement together with the attachments to the respondent, instructing the said respondent to submit a written answer within one month, specifying the mandatory content of the answer and the consequences of non-submission of an answer or of the non-exercise of rights, as well as the possibility to use legal aid, if necessary and if entitled thereto.
(2) The written answer of the respondent must contain:
1. a reference to the court and to the case number;
2. the name and address of the respondent, as well as of the legal representative or attorney-in-fact, if any;
3. a stand on the admissibility of the action and on whether the action is well-founded;
4. a stand on the circumstances upon which the action is founded;
5. the oppositions to the action and the circumstances upon which the said oppositions are founded;
6. signature of the person who submits the answer.
(3) In the answer to the statement of action, the respondent shall be obligated to cite the evidence and the specific circumstances which the said respondent is to prove thereby, and to present all written evidence in the possession thereof.
Answer to Statement of Action: Attachments
Article 132. The following shall be presented attached to the answer to the statement of action:
1. a power of attorney, where the answer is submitted by an attorney-in-fact;
2. transcripts of the answer and of the attachments thereto according to the number of plaintiffs.
Consequences of Non-submission of Answer
Article 133. Where the respondent fails, within the established time limit, to submit a written answer, to take a stand, to lodge oppositions, to cite evidence, to present written evidence or to exercise the rights thereof under Article 211 (1), Article 212 and Article 219 (1) herein, the said respondent shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.

Section II
Court Hearings

Types of Session
Article 134. (1) The court shall examine the cases sitting in public session and in camera.
(3) Hearings shall be conducted in camera in the cases provided for by the law without the parties attending.
Place and Time
Article 135. (1) Hearings of the cases shall be conducted at the building of the court. Conduct of hearings outside the building of the court shall be admissible if larger costs can be avoided in this way.
(2) The court shall assign a place, day and hour for the public sessions.
(3) Hearings may not be conducted on non-working days.
Exclusion of Publicity
Article 136. (1) The court, acting either ex officio or on a motion by any of the parties, may decree that the case be examined or only some steps be performed behind closed doors where:
1. the public interest so necessitates;
2. the protection of the privacy of the parties, of the family, or of the persons under curatorship so necessitates;
3. the case involves a trade, industrial, inventor's or tax secret whereof the public disclosure would impair any defensible interests;
4. other valid reasons apply.
(2) In the cases covered under Paragraph (1), the parties, the attorneys-in-fact thereof, the expert witnesses and the witnesses, as well as the persons permitted by the presiding judge to attend, shall be admitted to the courtroom.
Examination of Motion to Exclude Publicity
Article 137. The motion shall be examined in public session behind closed doors. The ruling rendered on any such motion shall be published.
Obligation to Maintain Confidentiality
Article 138. Where a hearing has been conducted behind closed doors, the public disclosure of the content of the said hearing shall be prohibited.
Persons Who May Not Attend Hearing
Article 139. The following may not attend a court hearing without permission of the court:
1. any minors who are not parties to the case or witnesses;
2. any armed persons, except court security.

Section III
Examination of Case

Preparation of Case in Camera
Article 140. (1) After verifying the conformity and admissibility of the actions brought, as well as the other demands and oppositions of the parties, the court shall render a ruling on all preliminary issues and on admission of the evidence.
(2) Where counter demands are made in the answer, the court may alternatively pronounce on the said demands and on admission of some of the items of evidence during the first hearing of the case.
(3) The court shall schedule a hearing of the case in public session, for which the court shall summon the parties, serving thereon a transcript of the ruling referred to in Paragraph (1). The court may furthermore communicate to the parties the court's draft of a report on the case, as well as direct the parties to mediation or another procedure for voluntary resolution of the dispute.
Presiding Judge's Duties
Article 141. (1) The hearing shall be chaired by the presiding judge.
(2) The presiding judge shall see to order in the courtroom and may impose fines for breach of the said order.
(3) The presiding judge may expel any person who breaches the order.
(4) Where, despite a warning of expulsion, order in the courtroom is breached by any party or by any representative thereof, the court may expel the offender for a specified period of time. After the expelled person returns to the courtroom, the presiding judge shall apprise him or her of the steps performed in the absence thereof by means of reading of the judicial record.
Proceeding with and Adjournment of Case
Article 142. (1) The non-appearance of any of the parties, who has been duly summoned, shall be no impediment to examination of the case. The court shall proceed with examination of the case after examining the cases to which the parties have appeared.
(2) The court shall adjourn the case if the party and the attorney-in-fact thereof cannot appear due to an obstacle which the party cannot remove.
(3) Upon adjournment of the case, the court shall announce the date of the next hearing, for which the parties and the witnesses and expert witnesses who have appeared in the case shall be considered summoned.
(4) Where another date for conduct of the hearing has to be assigned, the court, sitting in camera, shall set the said date and shall summon the parties, the witnesses and the expert witnesses.
Examination of Case in Public Session
Article 143. (1) The court, sitting in public session, after addressing the preliminary issues, shall proceed with clarification of the factual aspect of the dispute.
(2) The plaintiff may explain and amplify the statement of action, as well as cite and present evidence in connection with the contestations made by the respondent, and the respondent may cite and present new evidence which the said respondent was unable to cite and present in the answer to the statement of action.
(3) The parties shall be obligated to make and justify all demands and oppositions thereof and to take a stand on the circumstances alleged by the opposing party.
Additional Time
Article 144. (1) The respondent may move to be allowed additional time in order to take a stand on the motions for evidence made by the respondent during this hearing and to cite additional evidence in connection with the contestations made.
(2) Where the motion referred to in Paragraph (1) is granted, the court, sitting in camera, shall render a ruling on the contestations and demands made, which shall be communicated to the parties.
Instructions of Court
Article 145. (1) The court shall pose questions to the parties for clarification of the facts, specifying the relevance of the said facts to the case.
(2) The court shall instruct the parties to amplify and particularize the allegations thereof and to eliminate any contradictions therein.
(3) Thereafter, the court shall invite the parties to reach a settlement and shall specify the consequences thereof. If no settlement is reached, the court shall make a report which shall be included in the judicial record.
Report on Case
Article 146. (1) The report on the case shall contain:
1. the circumstances wherefrom the claimed rights and oppositions arise;
2. the legal qualification of the rights claimed by the plaintiff, of the counter rights and the oppositions of the respondent;
3. which rights and which circumstances are admitted;
4. which circumstances need to be proved;
5. how the burden of proving the facts to be proved is apportioned.
(2) The court shall instruct the parties as to the facts alleged thereby in respect of which they do not cite evidence.
(3) The court shall afford the parties an opportunity to set forth the stand thereof in connection with the instructions given and the report on the case, as well as to undertake the relevant procedural steps.
(4) The court shall render a ruling on the motions for evidence of the parties, admitting the evidence which is relevant, admissible and requisite.
New Facts and Circumstances
Article 147. Prior to the conclusion of the trial, the parties may:
1. allege any new circumstances and cite and present any new evidence solely if the parties were unable to learn of such circumstances and to cite and present such evidence in due time;
2. allege any intervening circumstances, which are relevant to the case, and cite and present evidence of any such circumstances.
Taking of Evidence
Article 148. The court shall take all items of evidence admitted with the participation of the parties. If necessary, the court shall schedule a new hearing for taking of evidence which has not been taken for reasons beyond the control of the parties.
Conclusion of the Trial
Article 149. (1) After taking of the evidence, the court shall reinvite the parties to reach a settlement. If no settlement is reached, the court shall proceed with the oral arguments.
(2) When the case is clarified, the court shall declare the oral arguments concluded and shall assign a day whereon the said court is to publish the judgment.
(3) If the case is of factual and legal complexity, the court, acting on a motion by any of the parties, may set a suitable time limit for presentation of written defences. Written defences shall be presented with transcripts according to the number of parties.
Judicial Record of Hearing
Article 150. (1) A judicial record on the examination of the case shall be prepared, entering therein the place and time of the hearing, the composition of the court, the name of the clerk, the parties who appeared and the representatives thereof, the essence of the parties' statements, demands and speeches, the written evidence presented, the testimony of the witnesses and of the other persons in the case, and the findings and rulings of the court.
(2) The judicial record shall be prepared under the dictation of the presiding judge. The said record shall be made available to the parties within three days after the hearing.
(3) If technically possible, a sound recording of the hearing shall be made and the judicial record shall be prepared on the basis of the said recording within three days.
(4) The judicial record shall be signed by the presiding judge and by the clerk.
Correction and Amplification of Judicial Record
Article 151. (1) Within one week after the judicial record is made available to the parties, each participant in the procedure may move for the amplification or correction of the said record.
(2) If a sound recording has been made during the hearing, any corrections and amplification of the judicial record shall be admitted solely on the basis of the sound recording.
(3) If no sound recording has been made during the hearing, any corrections and amplification of the judicial record shall be admitted solely on the basis of notes taken on the content of the said record.
(4) The court shall pronounce on the motion for corrections and amplification of the judicial record after summoning the parties and the petitioner and after hearing the sound recording or, respectively, the explanations of the clerk.
(5) The sound recording shall be preserved until expiry of the time limit for motion for corrections and amplification of the judicial record or, if such a motion has been made, until the entry into effect of the judgment in the matter of the case.
Evidential Value of Judicial Record
Article 152. The judicial record of the court hearing shall be evidence of the court procedural steps performed during the court hearing. Any steps which are not attested in the judicial record shall be considered non-performed.

Chapter Fourteen
EVIDENCE
Section I
General Rules

What Is to Be Proved
Article 153. The disputable facts relevant to adjudication of the case and the links there between shall be subject to proving.
Burden of Proof
Article 154. (1) Each party shall be obligated to establish the facts upon which the demands or oppositions thereof are founded.
(2) Facts in respect of which a presumption established by law exists need not be proved. Refutation of such presumptions shall be granted in all cases except where a law prohibits this.
Facts Not to Be Proved
Article 155. Any facts of common knowledge and any facts known to the court ex officio, of which the court shall be obligated to inform the parties, shall not have to be proved.
Motion for Evidence
Article 156. (1) In a motion for evidence, a party shall cite the facts and the means by which the said facts will be proven.
(2) In a motion for admission of an examination of a witness, the party shall cite the facts about which the said witness is to be questioned, the forename, patronymic and surname of the said witness and the address, where the party motions for the summoning thereof.
(3) A motion for admission of explanations by the other side shall formulate the questions which the other side is to answer.
(4) A motion for admission of an expert examination shall specify the field in which special knowledge is required, the subject and the task of the expert examination.
Admission of Evidence
Article 157. The court shall render a ruling on admission of evidence, setting thereby a time limit for the taking of such evidence as well. The said time limit shall begin to run as from the day of the court hearing during which the said time limit was set, and this beginning shall apply as well to the party who did not appear.
Time Limit for Taking of Evidence
Article 158. (1) If the taking of any item of evidence is doubtful or presents a special difficulty, the court may set a relevant time limit for the taking of the said item, after the expiry of which the case shall be heard without the said item of evidence.
(2) Upon the further examination of the case, the said item of evidence may be taken, if this does not delay the proceeding.
Non-admission of Evidence
Article 159. (1) Any motions by the parties for admission of evidence regarding facts which are irrelevant to adjudication of the case, as well as any untimely motions for admission of evidence, shall be denied by the court by a ruling.
(2) Where a party names multiple witnesses for the establishment of the same fact, the court may admit only some of the said witnesses. The rest of the witnesses shall be admitted if the witnesses summoned do not establish the disputable fact.
Costs of Taking of Evidence
Article 160. (1) Where costs have to be incurred on the taking of evidence, the court shall set an amount and a time limit for depositing of the said costs. The said time limit shall begin to run as from the day of the court hearing during which the said time limit was set, and this beginning shall apply as well to the party who did not appear.
(2) The evidence shall be taken after presentation of documentary proof of making the deposit set for costs.
(3) The time limit for depositing of costs shall be interrupted by the submission of a petition for waiver of the depositing of such costs and shall not run while the said petition is examined.
Consequences of Obstruction of Proving
Article 161. Considering the circumstances of the case, the court may hold as proved the facts in respect of which a party has created impediments to the taking of admitted evidence.
Discretionary Power
Article 162. Where the action is established as to cause but there is no sufficient information about the amount of the said action, the court shall determine the said amount at its own discretion or shall consult the conclusion of an expert witness.

Section II
Testimony

Duty to Testify
Article 163. (1) A witness shall be obligated to appear before court in order to give testimony.
(2) If there is an important reason, the examination of the witness may be conducted even before the day assigned for the hearing, as well as outside the premises of the court. The parties shall be summoned for any such examination.
Admissibility of Testimony
Article 164. (1) Testimony shall be admitted in all cases except where:
1. legal transactions, for the validity whereof a law requires a written instrument, have to be established;
2. the content of an official document has to be denied;
3. circumstances have to be established, for the proving whereof a law requires a written instrument, as well as for establishment of contracts to a value exceeding BGN 5,000, except where concluded between spouses or lineal relatives, collateral relatives up to the fourth degree of consanguinity and affines up to the second degree of affinity;
4. obligations, established by a written instrument, have to be extinguished;
5. written accords have to be established, wherein the party moving for the witnesses has participated, or such accords have to be modified or repudiated;
6. the content of a private document originating from the party has to be denied.
(2) In the cases referred to in Items 3, 4, 5 and 6 of Paragraph (1), testimony shall be admitted solely with the express consent of the parties.
Exceptions to Inadmissibility
Article 165. (1) In the cases where the law requires a written document, testimony shall be admitted if it is proved that the document has been lost or destroyed not through the fault of the party.
(2) Testimony shall furthermore be admitted where the party seeks to prove that the consent expressed in the document is simulated, and then if there is written evidence in the case originating from the other party or attesting statements of the other party before a state body, which lend probability to the allegation of the party that the consent is simulated. This limitation shall not apply to the third parties, as well as to the heirs, where the transaction is directed there against.
Refusal to Testify
Article 166. (1) No one has the right to refuse to testify except:
1. the attorneys-in-fact of the parties to the same case and the persons who were mediators in the same dispute;
2. the lineal relatives to the parties, the siblings and the affines in the first degree of affinity, the spouse and the former spouse, as well as the de facto cohabitee with a party.
(2) The persons who, by the answers thereof, would incur or inflict on the persons referred to in Item 2 of Paragraph (1) any immediate damage, defamation or criminal prosecution, may not refuse to testify but may refuse to give an answer to a particular question, stating the reasons for this.
(3) The witnesses in the case may not be attorneys-in-fact of the parties to the same case.
Dereliction of Duty to Testify
Article 167. (1) Any witness, who refuses to give testimony or to answer particular questions, shall be obligated to state the reasons for this in writing and to attest the said reasons before the hearing whereat the said witness is to be examined, or orally before the court.
TEXT:
(2) Any witness, who has failed to comply with the obligation thereof under Article 163 herein and has so delayed the proving:
1. shall reimburse the parties for the costs incurred as a result of non-compliance with the said obligation;
2. shall forfeit the entitlement to claim remuneration.
Witness's Entitlement to Remuneration
Article 168. A witness shall be entitled to remuneration and to costs for appearance in court, if claimed by the said witness before the end of the court hearing. The remuneration and the costs shall be paid from the deposit made.
Summoning a Witness
Article 169. (1) If a witness cannot be summoned at the address named by the party, the court shall set a time limit for naming another address.
(2) If the party fails to act on the instructions of the court, the witness shall not be summoned.
(3) The parties may bring the admitted witnesses even without summoning.
Promise to Tell the Truth
Article 170. (1) Before the examination of a witness, the court shall establish the identity thereof, shall clarify the information as to whether the said witness may be interested, and shall remind the witness of the liability incurable under the law for perjury.
(2) The witness shall promise to tell the truth.
Conduct of Examination
Article 171. (1) Each witness shall be examined separately in the presence of the parties who have appeared. Any witnesses, who have not yet given testimony, may not be present at the examination of the other witnesses.
(2) A witness may be re-examined during the same hearing or during another hearing on a motion by the said witness, on a petition by the party, or on the initiative of the court.
(3) The court, acting on a motion by a party or on its own initiative, may include in the judicial record any specific peculiarities in the behaviour of the witness under examination.
Evaluation of Testimony
Article 172. The testimony of relatives, of the tutor or of the curator of the party who has named the witness, of the adopters, of the adoptees, of those who are in a civil or criminal dispute with the opposing party or with the relatives thereto, of the attorneys-in-fact named by the principals thereof, as well as of everybody else who are interested toward or against one of the parties, shall be evaluated by the court considering all other information on the case, giving consideration to the possibility of any such persons being interested witnesses.
Witness's Examination on Court's Initiative
Article 173. The party may abandon the examination of a witness whom the said party has invoked, but the said witness shall be examined if the other party so moves or if the court determines that the examination of the said witness is necessary for clarification of the circumstances of the case.
Confrontation
Article 174. In case of discrepancy between the testimonies of the witnesses, the court may decree the conduct of a confrontation. A confrontation may furthermore be decreed between a witness and the parties.

Section III
Explanations by Parties

Judicial Admission of Fact
Article 175. An admission of a fact, made by a party or by a representative thereof, shall be evaluated by the court considering all circumstances of the case.
Explanations by Party
Article 176. (1) The court may order a party to appear in person in order to provide explanations about the circumstances of the case.
(2) The court shall communicate to the party obligated to appear in person the questions which the said party must answer, warning the said party of the consequences of non-compliance with this obligation.
(3) The court may hold as proved the circumstances for the clarification of which the party has failed to appear or has refused to answer without reasonable excuse, as well as where the party has given evasive or unclear answers.
(4) Where the party is unable to appear before the court owing to a hardly surmountable impediment, the explanations of the said party may be provided to a delegated court.
Scope of Application
Article 177. (1) The following shall provide explanations as parties to the case:
1. the natural persons;
2. the legal representatives of the legal persons;
3. the debtors and the trustee in bankruptcy in cases related 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 an infant or a full interdict, the court may hear the legal representative of the said party. Where the party is a minor or a limited interdict, the court may examine the said party in the presence of the parent of curator thereof.

Section IV
Written Evidence

Evidential Value
Article 178. (1) The evidential value of documents shall be determined conforming to the law which was in force at the time and in the place where the said documents were drafted.
(2) The court shall evaluate the evidential value of the document which contains any crossings, deletions, insertions between the lines and other apparent blemishes, considering all circumstances of the case. This rule shall not apply to a signed electronic document.
Official Document
Article 179. (1) An official document, issued by an official within the official responsibilities thereof in the established form and according to the established procedure, shall constitute evidence of the statements made before the said official and of the steps performed by and before the said official.
(2) Officially authenticated transcripts or excerpts of official documents shall have the same evidential value as the originals.
Private Document
Article 180. Private documents, signed by the persons who issued the said documents, shall constitute evidence that the statements contained therein were made by the said persons.
Valid Date of Private Document
Article 181. (1) A private document shall be validly dated in respect of third parties as from the day of authentication of the said document or from the day of death, or from the occurrence of a physical incapacity of being signed by the person who signed the document, or as from the day on which the content of the document was reproduced in an official document, or as from the day on which another fact occurred, proving beyond doubt the preceding drafting of the document.
(2) To establish the date of receipts on a payment effected, the court may admit any means of proof, considering the circumstances of the case.
Account Book Entries
Article 182. Entries in account books shall be evaluated by the court according to the regularity of the said entries and considering the other circumstances of the case. Any such entries may serve the person or organization who or which has kept the books as evidence.
Presentation of Documents on Paper-Based Data Medium
Article 183. Where a document is filed with the case records, the said document may alternatively be presented in a transcript authenticated by the party, but in such case, upon request, the said party shall be obligated to present the original of the document or an officially authenticated duplicate copy thereof. Failing this, the transcript presented shall be excluded from the evidence in the case.
Presentation of Electronic Document
Article 184. (1) An electronic document may be presented reproduced on a paper-based data medium in the form of a transcript authenticated by the party. Upon request, the party shall be obligated to present the document on an electronic data medium.
(2) If the court does not have at its disposal technical means and experts making it possible to reproduce the electronic document and to duly verify the electronic signature in the courtroom in the presence of the persons who appeared, electronic copies of the document shall furthermore be presented to each of the parties to the case. In such case, the authenticity of the electronic document may be contested during the next succeeding court hearing.
Presentation of Document in Foreign Language
Article 185. Any document presented in any language other than Bulgarian shall be accompanied by an accurate translation into the Bulgarian language, authenticated by the party. If the court is unable to verify the accuracy of the translation on its own or if the accuracy of the translation is contested, the court shall appoint an expert witness to perform a verification.
Presentation of Official Documents
Article 186. Official documents and certificates shall be presented by the parties. The court may require such documents from the relevant institution or may furnish the party with a court certificate on the basis of which the said party is to obtain the said documents. The institution shall be obligated to issue the documents required or to explain the reasons for not issuing the said documents.
Presentation of Published Items
Article 187. Items published in print shall be presented by the parties, but when the court can procure such items on its own without particular difficulty, it shall be sufficient for the party to cite where the said items were published.
Conversion of Official Document
Article 188. Any document issued by a non-competent authority or not in the prescribed form shall be relevant as a private document if signed by the parties.
Document Issued by Illiterate or Blind Person
Article 189. (1) Any private document issued by an illiterate person must bear, in lieu of a signature, an impression of the right thumb of the said person and must be countersigned by two witnesses. If the impression of the right thumb cannot be affixed, the reason for this must be noted in the document, as well as the impression of which other finger has been affixed.
(2) Any private document issued by a blind but literate person must be countersigned by two witnesses.
Obligating Party to Present Document
Article 190. (1) Each party may approach the court with a motion to obligate the other party to present a document in the possession thereof, explaining the relevance of the said document to the dispute.
(2) Non-presentation of the document shall be evaluated according to Article 161 herein.
Grounds for Refusal to Present
Article 191. (1) Presentation of a document may be refused where:
1. the content of the document concerns circumstances of the personal or family life of the party;
2. this would lead to defamation or to criminal prosecution of the party or of any relatives thereto within the meaning given by Article 166 herein.
(2) Where the grounds covered under Paragraph (1) affect parts of the document, the party may be obligated to present an abstract of the document authenticated thereby.
Obligating Third Party to Present Document
Article 192. (1) Each party may approach the court with a written petition to obligate a person non-participating in the case to present a document in the possession thereof.
(2) A transcript of the petition shall be transmitted to the third party, and a time limit shall be set thereto for presentation of the document.
(3) In addition to the liability under Article 87 herein, the third party, who groundlessly fails to present the required document, shall furthermore incur liability to the party for the damages inflicted thereon.
Contesting Authenticity of Document
Article 193. (1) The interested party may contest the authenticity of a document at the latest by the answer to the court procedural step whereby the said document was presented. Where the document is presented during a court hearing, contestation may be made at the latest before the end of the hearing.
(2) The court shall decree the performance of a verification of the authenticity of the document if the other party states that it wishes to avail itself of the said document.
(3) The burden of proving the falsity of the document shall be upon the party contesting the said document. Where the authenticity of a private document, which does not bear the signature of the contesting party, is contested, the burden of proving the authenticity shall be upon the party who presented the said document.
Verification of Document
Article 194. (1) The court shall perform a verification by means of comparison with other indisputable documents, by means of examination of witnesses, or by means of expert witnesses.
(2) After the verification, the court shall render a ruling acknowledging either that the contestation is not proven or that the document is false. In the latter case, the court shall exclude the said document from the evidence, transmitting the said document to the prosecutor together with the ruling of the court.
(3) The court may alternatively pronounce on the contestation of the document by the judgment thereof in the matter of the case. In such case, the document, together with a transcript of the judgment, shall be transmitted to the prosecutor.

Section V
Expert Witnesses

Appointment of Expert Witness
Article 195. (1) An expert witness shall be appointed either on a motion by a party or ex officio where special knowledge in the field of science, art, skilled crafts and other such is necessary for clarification of certain questions which have arisen in the case.
(2) The court may appoint multiple expert witnesses as well, where this is necessitated considering the circumstances of the case.
Exclusion of Expert Witness
Article 196. (1) The provisions of Article 22 (1) herein shall apply, mutatis mutandis, to expert witnesses as well.
(2) Each of the parties may move for the exclusion of an expert witness if any of the grounds referred to in Paragraph (1) applies.
(3) The expert witness shall be obligated to communicate to the court immediately all circumstances which may be grounds for exclusion. The expert witness shall be obligated to express an opinion on the allegations in the petition for the exclusion thereof.
(4) The court shall render a ruling on the motion for exclusion of an expert witness.
Assignment of Expert Examination
Article 197. (1) The ruling whereby the court appoints an expert witness shall specify: the subject and the task of the expert examination; the materials which are provided to the expert witness; the name, education and specialist qualifications of the expert witness.
(2) The court shall allow the expert examination a suitable time for preparation of the conclusion. The expert witness shall notify the court when the said expert witness is unable to prepare the conclusion within the time limit set, and shall state the time limit that the said expert witness will need.
Excusal of Expert Witness
Article 198. An expert witness as appointed shall be excused from the task assigned thereto where the said expert witness is unable to fulfil the said task for lack of qualifications, an illness or another reason beyond the control thereof, under the terms established by Article 166 herein, or where the conclusion has not been prepared in due time.
Presentation of Conclusion
Article 199. The expert witness shall be obligated to present the conclusion thereof at least one week before the court hearing.
Hearing of Expert Witness
Article 200. (1) The court shall remind the expert witness of the liability incurrable thereby for giving a false conclusion.
(2) The expert witness shall set forth orally the conclusion thereof. The parties may pose questions for clarification of the conclusion.
(3) Upon contestation of the conclusion, the court may appoint another or multiple expert witnesses. Contestation may be made pendente lite.
Additional and Second Conclusion
Article 201. An additional conclusion shall be assigned where the conclusion is not sufficiently complete and clear, and a second conclusion shall be assigned where the conclusion is not justified and gives rise to any doubt as to the correctness thereof.
Evaluation of Conclusion
Article 202. The court shall not be obligated to accept the conclusion of the expert witness but shall consider the said conclusion together with the rest of the evidence in the case.
Dissent between Expert Witnesses
Article 203. In the event of dissent between expert witnesses, each group shall set forth the separate opinions thereof. Where the court cannot take a stand on the dissent, the court shall require from the same expert witnesses additional research or shall appoint other expert witnesses.

Section VI
Inspection and Certification

Admission of Inspection and Certification
Article 204. (1) The court, acting on a motion by the parties or at its own discretion, may assign an inspection of movable or immovable things or certification of persons with the participation or without the participation of witnesses and expert witnesses.
(2) Inspection and certification shall be methods of taking and verification of evidence. They shall be performed by the entire panel of the court, by a delegated member of the court or by another delegated court.
(3) The court shall notify the parties of the place and time of the inspection. A memorandum shall be drawn up on the inspection performed, including the findings of the inspection, the explanations of the expert witnesses and the explanations of the witnesses who have been examined in the place of the inspection.
Duty to Cooperate
Article 205. The provisions regarding documents shall apply to the duty to provide, surrender or afford access to the subject of inspection.
Certification
Article 206. (1) A person may be certified solely with the consent thereof.
(2) Certification shall be performed in a manner which does not impair the personal dignity of the person certified. To this end, the judge need not attend the certification in person and may assign the performance of the certification to appropriate expert witnesses.
(3) A refusal of a person to be certified shall be evaluated according to Article 161 herein.

Section VII
Perpetuation of Evidence

Perpetuation of Evidence
Article 207. Where there is a risk that some item of evidence may be lost or the taking thereof may be impeded, the party may move for the anticipatory taking of the said item of evidence.
Proceeding for Perpetuation of Evidence
Article 208. (1) The petition for perpetuation of evidence shall be submitted to the court which examines the case, and if the case has not yet been instituted, any such motion shall be submitted to the regional court exercising jurisdiction over the permanent address of the person to be examined or over the location of the immovable to be inspected.
(2) A transcript of the petition for perpetuation of evidence shall be served upon the other party.
(3) The ruling of the court, whereby the petition is dismissed, shall be appealable by an interlocutory appeal.
(4) Within the same proceeding, the court may take evidence specified by the other party if the said evidence is closely related to the evidence specified by the petitioner.
(5) Where the petitioner is not in a position to name the name and address of the other party, the court shall appoint a representative of the said other party.
(6) The general rules shall apply regarding the procedure for taking of evidence and the value thereof.
Costs
Article 209. The costs of taking of evidence shall not be awarded in favour of the party in the proceeding for perpetuation of evidence. The said costs shall be taken into consideration subsequently upon resolution of the dispute.

Chapter Fifteen
DEVIATIONS IN CONNECTION WITH SUBJECT MATTER OF CASE

Initial Joinder of Actions
Article 210. (1) The plaintiff may bring several actions against the same respondent by a single statement of action if the said actions are cognizable in the same court and are subject to examination according to the procedure of the same proceeding.
(2) Where the actions brought are not subject to examination according to the procedure of the same proceeding or where the court determines that the joint examination of the said actions will be considerably impeded, the court shall decree a disjoinder of the said actions.
Counter Action
Article 211. (1) Within the time limit for answer to the statement of action, the respondent may bring a counter action if the said action is generically cognizable in the same court and is connected with the original action or if the said action can be set off against the original action.
(2) The counter action shall be brought according to the rules applicable to the bringing of an action. Where the court determines that the joint examination of the counter action will be considerably impeded, the court shall decree a disjoinder of the said counter action.
Incidental Action
Article 212. During the first hearing for examination of the case, the plaintiff and, in the answer to the statement of action, the respondent, may approach the court with a motion to pronounce, in the judgment thereof, inter alia regarding the existence or non-existence of a disputed legal relation upon which the outcome of the case depends in whole or in part.
Ex Officio Joinder of Actions
Article 213. Where several cases, in which the same persons participate for the plaintiff and for the respondent and which are interconnected, are pending before the court, the court may join the said cases in a single proceeding and may render a joint judgment in the matter of the said cases.
Modification of Action
Article 214. (1) During the first hearing for examination of the case, the plaintiff may modify the grounds of the action thereof if the court deems this appropriate considering the defence of the respondent. The plaintiff may furthermore, without modifying the grounds, modify the demand thereof. Prior to the conclusion of the trial in the court of first instance, the plaintiff may modify solely the amount of the demand made, as well as transfer from an action for a declaratory action to an action for performance and vice versa.
(2) The addition of overdue interest or yields of the thing collected after the action is brought shall not be treated as an increase of the demand.

Chapter Sixteen
DEVIATIONS IN CONNECTION WITH PARTIES
Section I
Joinder of Parties

Admissibility
Article 215. An action may be brought by several plaintiffs or against several respondents if the matter in dispute is:
1. their common rights or obligations, or
2. rights or obligations resting on the same grounds.
Procedural Steps
Article 216. (1) Each of the co-parties shall act independently. The procedural steps and performed or omitted by each co-party shall neither benefit nor injure the rest of the co-parties.
(2) Where, considering the nature of the legal relation at issue or as dictated by the law, the judgment of the court must be identical in respect of all co-parties (necessary joinder of parties), the steps performed by some of them shall be also relevant to the co-parties who have not appeared or who have not performed such steps. In this case, too, however, the consent of all co-parties shall be required for conclusion of a settlement and for withdrawal or abandonment of the action.
Allegations Regarding Common Facts
Article 217. If the factual allegations by the co-parties regarding the common facts conflict each other, the court shall evaluate the said allegations in relation to all circumstances of the case.

Section II
Third Parties

Third Party Intervention
Article 218. A third party may intervene prior to the conclusion of the trial in the court of first instance in order to assist one of the parties if the said third party has an interest in the judgment being rendered in favour of the said party.
Impleader of Third Party
Article 219. (1) During the first hearing for examination of the case, the plaintiff and, by the answer to the statement of action, the respondent may implead a third party where the said party has the right to intervene in order to assist.
(2) The impleader shall not be granted if the third party does not have a permanent address in the Republic of Bulgaria or is resident abroad.
(3) The party who has a recourse action against the third party may bring the said action for joint examination simultaneously with the motion for impleader.
Admission of Participation
Article 220. The court shall render a ruling on admission of the third party. The ruling whereby the third party is not admitted shall be appealable by an interlocutory appeal.
Third Party's Rights
Article 221. (1) The third party shall have the right to perform all court procedural steps with the exception of the steps constituting disposition of the matter in dispute.
(2) In the event of a conflict between the steps and the explanations of the party and of the third party, the court shall evaluate the said steps and explanations in connection with all circumstances of the case.
Substitution for Party Assisted
Article 222. With the consent of both parties, the third party who has intervened or who has been impleaded may substitute himself or herself for the party assisted thereby and may excuse the said party.
Effect of Judgment
Article 223. (1) The judgment rendered shall have a declaratory effect in the relations of the third party and the opposing party.
(2) What the court has declared in the reasoning to the judgment thereof shall be binding upon the third party in the relations thereof with the party assisted thereby or with the party who has impleaded the said third party. What the court has declared in the reasoning to the judgment thereof may not be contested under the pretext that the party has misconducted the case, except where the said party, acting wilfully or by gross negligence, has omitted to cite circumstances or evidence unknown to the third party.
Impleader of Person Claiming Own Rights
Article 224. (1) The respondent shall be excused from participation in the case if the said respondent deposits the amount or corporeal thing claimed and impleads the person who also claims rights of his or her own thereto. In such case, the case shall proceed solely between the two creditors.
(2) If the person impleaded fails to intervene in the case, the proceeding shall be terminated and the amount or corporeal thing deposited shall be delivered to the plaintiff.
(3) Where the respondent makes the motion for impleader by the answer to the statement of action, the said respondent shall not be liable for the costs.
Principal Intervention
Article 225. (1) The third party, who holds independent rights to the matter in dispute, may intervene in the case by bringing an action against both parties.
(2) The bringing of an action by a third party shall be admitted prior to the completion of the trial in the court of first instance.

Section III
Transfer of Right at Issue and Replacement of Party

Transfer of Right at Issue
Article 226. (1) If in the course of the proceeding the right at issue is transferred to another, the case shall follow its course between the original parties.
(2) The transferee may intervene or be impleaded in the case as a third party. The said transferee may substitute himself or herself for the grantor thereof solely under the terms established by Article 222 herein.
(3) The judgment rendered shall in any case constitute res judicata in respect of the transferee as well, with the exception of the steps of recording, where a corporeal immovable is involved (Article 114 of the Ownership Act), and where acquisition of ownership by bona fide possession (Article 78 of the Ownership Act), where movable things are involved.
Succession in Procedure
Article 227. Where the party dies or the legal person ceases to exist, the proceeding in the matter of the case shall continue with the participation of the successor.
Replacement of Party
Article 228. (1) A modification of the action through replacement of any of the parties by another party shall be admissible during any stage of the proceeding in the court of first instance with the consent of both parties and of the person who intervenes as a party to the case.
(2) The consent of the respondent shall not be necessary where the plaintiff abandons the action thereof in respect of the said respondent.
(3) The plaintiff may direct the action thereof against a respondent who does not agree to intervene in the case. In such case, however, the action against the new respondent shall be considered brought as from the day on which the statement of action against the said respondent has been received in the court.

Chapter Seventeen
DEVIATIONS IN PROGRESS OF PROCEEDING
Section I
Stay, Resumption and Termination of Proceeding

Stay of Proceeding
Article 229. (1) The court shall stay the proceeding:
1. by consent of the parties;
2. in the event of death of any of the parties;
3. where it is necessary to institute tutorship or curatorship for any of the parties;
4. where a case is examined in the same or in another court and the judgment in the matter of the said case will be relevant to the correct resolution of the dispute;
5. where, upon examination of a civil case, criminal circumstances are discovered and the outcome of the civil dispute depends on the establishment of the said circumstances;
6. where the Constitutional Court has admitted to examination on the merits a motion whereby the constitutionality of a law applicable to the case is contested;
7. in the cases expressly provided for in a law.
(2) In the cases referred to in Item 1 of Paragraph (1), if the prosecutor participates in the case together with any of the parties, the stay shall require the consent of the said prosecutor as well. In the cases referred to in Items 2 and 3 of Paragraph (1), if the trial has been concluded, the proceeding shall be stayed after rendition of the judgment in the matter of the case.
(3) A stay of the case with the consent of the parties shall be granted on a single occasion during the proceeding in the court of any instance.
Resumption of Proceeding
Article 230. (1) The proceeding shall be resumed either ex officio or on a motion by one of the parties, after removal of the impediments to the progress of the case, for which the court, in the cases of a death of the plaintiff and under Items 3 to 6 of Article 229 (1) herein, shall take the appropriate measures of its own motion.
(2) Upon death of the respondent, the plaintiff shall be obligated, within six months after the communication, to name the successors to the said respondent and the addresses of the said successors or to take measures for appointment of an administrator of the vacant succession or for summoning of the successors according to the procedure established by Article 48 herein. Upon failure to comply with this obligation, the case shall be dismissed.
(3) Upon resumption, the proceeding shall commence from the step whereat the proceeding was stayed.
Termination of Proceeding
Article 231. (1) A proceeding stayed by mutual consent of the parties shall be terminated if none of the parties has moved for the resumption of the proceeding within six months after the termination thereof. If a judgment has been rendered, it shall be invalidated.
(2) Sentence two of Article 232 herein shall apply in the case referred to in Paragraph (1).

Section II
Withdrawal of Action, Abandonment of Action, Court Settlement

Withdrawal of Action
Article 232. The plaintiff may withdraw the statement of action thereof without the consent of the respondent before the end of the first hearing of the case. If the plaintiff brings the same action again, the said plaintiff may use the evidence taken in the new case solely if there is a hardly surmountable impediment to the taking anew of the said evidence.
Abandonment of Action
Article 233. The plaintiff may abandon, in whole or in part, the right at issue during any stage of the proceeding. In such case, the plaintiff may not bring the same action again. Where the abandonment has been made before the court of intermediate appellate review instance or the court of cassation instance, the judgment appealed shall be invalidated.
Court Settlement
Article 234. (1) A memorandum shall be drawn up on any settlement which does not conflict with the law and with good morals, and the said memorandum shall be approved by the court and shall be signed thereby and by the parties.
(2) Where the prosecutor participates as a party to the case, the court shall approve the settlement after consulting the prosecutor as well.
(3) The court settlement shall have the relevance of an effective judgment and shall not be appealable before a superior court.
(4) Where the settlement refers to only part of the dispute, the court shall proceed with examination of the case in respect of the unsettled part.

Chapter Eighteen
ADJUDICATION OF CASES
Section I
Judgment in Matter of Case

Rendition of Judgment
Article 235. (1) The judgment shall be rendered by the court panel which has participated in the hearing during which the examination of the case was completed.
(2) The court shall found the judgment thereof on the circumstances of the case held thereby as established and on the law.
(3) The court shall furthermore take into account the facts which have intervened since the action was brought, which are relevant to the right at issue.
(4) The judgment, together with the reasoning thereto, shall be reduced to writing.
(5) The court shall publish the judgment thereof with the reasoning within one month after the hearing during which the examination of the case was completed. The judgment shall be published in the register of judgments of courts, which shall be open to public inspection and shall be freely accessible to everyone.
Judgment: Content
Article 236. (1) The judgment must contain:
1. the date and place of rendition;
2. a reference to the court, the names of the judges, of the clerk and of the prosecutor, where a prosecutor has participated in the case;
3. the number of the case in the matter of which the judgment is rendered;
4. the names or, respectively, the designation and the address of the parties;
5. what the court decrees on the merits of the dispute;
6. against whom the costs are awarded;
7. whether the judgment is appealable, before which court and within what time limit.
(2) The court shall set forth reasoning to the judgment, stating therein the demands and oppositions of the parties, the evaluation of evidence, the findings of fact and the legal conclusions reached by the court.
(3) The judgment shall be signed by all judges who have participated in the rendition thereof. Where any of the judges is unable to sign the judgment, the presiding judge or the senior judge shall note the reasons for this on the judgment.
Judgment upon Acknowledgment of Demand
Article 237. (1) Where the respondent acknowledges the demand, the court, acting on a motion by the plaintiff, shall terminate the trial and shall render judgment conforming to the acknowledgment.
(2) The reasoning to the judgment shall suffice to state that the said judgment is based on the acknowledgment of the demand.
(3) The court may not render judgment upon acknowledgment of the demand where:
1. the right acknowledged conflicts with the law or with good morals;
2. the right acknowledged is indisposable by the party.
(4) An acknowledgment of the demand may not be withdrawn.
Judgment by Default
Article 238. (1) If the respondent has failed to present an answer to the statement of action in due time and fails to appear during the first hearing of the case without having moved for examination of the case in the absence thereof, the plaintiff may move for rendition of a judgment by default against the respondent or may withdraw the action.
(2) The respondent may not move for dismissal of the case and award of costs or for rendition of a judgment by default against the plaintiff if the said plaintiff fails to appear during the first hearing of the case, has not taken a stand on the answer to the statement of action, and has failed to move for examination of the case in the absence thereof. If the plaintiff brings the same action again, sentence two of Article 232 herein shall apply.
(3) If the plaintiff has not cited and has not presented evidence by the statement of action thereof and the respondent has not submitted an answer in due time, and if both parties fail to appear during the first hearing of the case without having moved that the case be examined in the absence thereof, the case shall be dismissed.
Rendition of Judgment by Default
Article 239. (1) The court shall render a judgment by default where:
1. the parties have been instructed about the consequences of a failure to observe the time limits for exchange of papers and of the non-appearance of the parties during a court hearing;
2. the action is probably well-founded considering the circumstances cited in the statement of action and the evidence presented or is probably unfounded considering the oppositions raised and the evidence supporting the said oppositions.
(2) A judgment by default shall not be reasoned on the merits. It shall suffice to indicate in any such judgment that it is founded on the existence of the prerequisites for rendition of a judgment by default.
(3) Where the court determines that the prerequisites for rendition of a judgment by default do not apply, the court shall deny the motion by a ruling and shall proceed with examination of the case.
(4) A judgment by default shall be unappealable.
Remedy against Judgment by Default
Article 240. (1) Within one month after the service of the judgment by default, the party where against the said judgment has been rendered may approach the intermediate appellate review court with a motion for reversal of the said judgment if the said party has been deprived of an opportunity to participate in the case owing to:
1. undue service of the transcript of the statement of action or the summonses for the court hearing;
2. an impossibility to learn in due time of the service of the transcript of the statement of action or the summonses for the court hearing owing to special unforeseen circumstances;
3. an impossibility to appear in person or through counsel owing to special unforeseen circumstances which the party was unable to overcome.
(2) The party where against a judgment by default has been rendered may claim the same right by an action or may contest the same right, where intervening, newly discovered circumstances or new written evidence of material relevance to the case are discovered, which could not have been known to the said party upon adjudication of the said case or which the said party could not procure in due time.
(3) The action referred to in Paragraph (2) may be brought within three months after the day whereon the party learnt of the intervening circumstance or after the day whereon the party could procure the new written evidence, but not later than one year after extinguishment of the receivable.

Section II
Deferral and Rescheduling of Enforcement. Anticipatory Enforcement

Deferral and Rescheduling of Enforcement
Article 241. (1) Upon rendition of the judgment, the court may defer or reschedule the enforcement thereof considering the property status of the party or other circumstances.
(2) The court may not reschedule the enforcement of any judgment in respect of which rescheduling is provided for by law.
Admission to Anticipatory Enforcement
Article 242. (1) The court shall decree anticipatory enforcement of the judgment where the court awards maintenance, remuneration and compensation for work.
(2) The court, acting on a motion by the plaintiff, may furthermore admit the judgment to anticipatory enforcement where:
1. the court awards a receivable based on an official document;
2. the court awards a receivable which has been acknowledged by the respondent;
3. the delay of enforcement may result in material and irreparable damages to the plaintiff or the enforcement itself would become impossible or be considerably impeded.
(3) In the cases referred to in Paragraph (2), the court may order the plaintiff to furnish due security in advance.
Inadmissibility of Anticipatory Enforcement
Article 243. (1) Anticipatory enforcement shall not be admitted even against security if the enforcement may result in the infliction on the respondent of an irreparable damage or a damage which is unappraisable in terms of a specific monetary amount. Sentence one shall not apply to any judgments whereby maintenance or remuneration for work is awarded.
(2) Enforcement of any judgment against the State, the government institutions and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act, which has not entered into effect, shall be inadmissible.
Appellate Review of Ruling
Article 244. The ruling, whereby the judgment is admitted to anticipatory enforcement or such enforcement is refused, shall be appealable by an interlocutory appeal.
Stay and Termination of Anticipatory Enforcement
Article 245. (1) The execution debtor where against anticipatory enforcement has been admitted may, except in the cases referred to in Article 242 (1) herein, stay the enforcement by furnishing security to the execution creditor according to Articles 180 and 181 of the Obligations and Contracts Act.
(2) Enforcement shall furthermore be stayed where the judgment appealed is reversed.
(3) If the action is thereafter dismissed by an effective judgment, enforcement shall be terminated. In such case the court which has rendered the judgment shall issue the execution debtor a writ of execution against the execution creditor for recovery of the amounts or corporeal things received on the basis of the anticipatory enforcement of the reversed judgment as admitted.

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