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Bulgarian Code of Civil Procedure, part 2
Last update: 2008-08-22 03:06:26

Bulgarian Code of Civil Procedure, part 2

Section III
Correction of Judgment

Judgment Non-Withdrawable
Article 246. After publishing the judgment in the matter of the case, the court may not reverse or modify the said judgment of its own motion.
Correction of Apparent Error of Fact
Article 247. (1) The court, acting on its own initiative or on a petition by the parties, may correct any apparent errors of fact made in the judgment.
(2) The court shall send a communication to the parties regarding the correction sought, instructing the parties to present an answer within one week.
(3) The court shall summon the parties to a public session where the said court deems this necessary.
(4) The judgment of correction shall be served upon the parties and shall be appealable according to the procedure applicable to appellate review of the judgment.
Modification of Judgment in Part Concerning Costs
Article 248. (1) Within the time limit for appellate review and, if the judgment is unappealable, within one month after rendition of the said judgment, the court, acting on a motion by the parties, may amplify or modify the judgment as rendered in the part thereof concerning the costs.
(2) The court shall send a communication to the opposing party regarding the amplification or modification sought, instructing the said party to present an answer within one week.
(3) The ruling on the costs shall be rendered in camera and shall be served upon the parties. The said ruling shall be appealable according to the procedure applicable to appellate review of the judgment.
Settlement after Conclusion of Trial
Article 249. The court shall invalidate the judgment rendered thereby if, before the entry into effect of the said judgment, the parties declare that they have reached a settlement and move for a dismissal of the case.
Amplification of Judgment
Article 250. (1) A party may move for amplification of the judgment if the court has not pronounced on the entire motion of the said party. A petition for such amplification may be submitted within one month after the service of the judgment or after the entry into effect of the said judgment.
(2) The court shall send a communication to the opposing party regarding the amplification sought, instructing the said party to present an answer within one week. The motion shall be examined in public session with the parties being summoned, where the court deems this necessary with a view to clarifying the unresolved part of the dispute.
(3) The court shall render an additional judgment which shall be appealable according to the standard procedure.
Interpretation of Judgment
Article 251. (1) Any disputes over interpretation of an effective judgment shall be examined by the court which has rendered the said judgment.
(2) An interpretation may not be sought after the judgment has been enforced.
(3) The court shall send a communication to the parties regarding the interpretation sought, instructing the said parties of the possibility to present an answer within one week.
(4) The court shall summon the parties to a public session, where the said court deems this necessary.
(5) The judgment of interpretation shall be appealable according to the procedure applicable to appellate review of the judgment which is interpreted.


Section IV
Rendition of Rulings

Scope of Application
Article 252. The court shall render a ruling where the court pronounces on any issues whereby the dispute is not resolved on the merits.
Rulings Withdrawable
Article 253. Any rulings which do not conclude the case may be modified or vacated by the same court consequent to a change of circumstances, an error or an omission.
Ruling: Content
Article 254. (1) Any ruling whereby the court pronounces on conflicting motions by the parties, as well as any ruling whereby a motion is denied, shall be reasoned. The motions by the parties and the circumstances of the case in connection with the said motions shall be cited in the reasoning, insofar as this is necessary.
(2) Where the ruling is rendered in camera, it must contain:
1. the date and place of rendition;
2. a reference to the court, the names of the judges of the court panel and of the parties;
3. the number of the case in the matter of which the ruling is rendered;
4. what the court decrees;
5. against whom the costs are awarded;
6. whether the ruling is appealable, before which court and within what time limit;
7. signatures of the judges.


Chapter Nineteen
SETTING TIME LIMIT IN CASE OF UNREASONABLE DELAY

Petition to Set Time Limit in Case of Unreasonable Delay
Article 255. (1) Where the court fails to perform a particular procedural step in due time, the party may, during any stage of the proceeding, submit a petition to set an appropriate time limit for performance of the said step.
(2) The petition shall be submitted care of the same court to the superior court. The court which examines the case shall forthwith transmit the petition together with the observations thereof to the superior court.
Granting of Petition
Article 256. (1) Where the court performs forthwith all steps stated in the petition and sends a communication to the party regarding this performance, the petition shall be presumed withdrawn.
(2) The petition shall be transmitted for examination to the superior court if the party declares within one week after receipt of the communication under Paragraph (1) that it continues to maintain the said petition.
Examination and Adjudication of Petition to Set Time Limit
Article 257. (1) A petition to set a time limit shall be examined by a judge of the superior court within one week after receipt of the said petition.
(2) If the court finds an unreasonable delay, the court shall set a time limit for performance of the step. Otherwise, the court shall deny the petition. The ruling shall be unappealable.


TITLE TWO
APPELLATE REVIEW OF JUDGMENTS AND RULINGS. REVERSAL OF EFFECTIVE
JUDGMENTS
Chapter Twenty
INTERMEDIATE APPELLATE REVIEW

Subject of Appellate Review and Competent Court
Article 258. (1) The judgments of regional courts shall be appealable before the district courts, whereas the judgments of district courts acting as courts of first instance shall be appealable before the appellate courts.
(2) An appeal may be lodged either against the entire judgment or against separate parts thereof.
Time Limit for Intermediate Appellate Review
Article 259. (1) The appeal shall be lodged care of the court which has rendered the judgment within two weeks after service of the said judgment upon the party.
(2) The time limit for intermediate appellate review shall be interrupted by the submission of an application for legal aid and shall not run while the said application is considered.
(3) A new time limit shall begin to run as from the entry into effect of the decision rejecting the application referred to in Paragraph (2), and in case any such application is granted, the new time limit shall begin to run as from the service of the first-instance judgment upon the assigned counsel as appointed.
(4) The submission of a subsequent application for legal aid shall not suspend and shall not interrupt the time limit for intermediate appellate review.
Intermediate Appellate Review Appeal: Content
Article 260. The appeal shall contain:
1. the name and address of the lodging party;
2. an indication of the judgment appealed;
3. a specification of the vice of the judgment;
4. formulation of the prayer;
5. the newly discovered or intervening facts which the appellant wishes to be taken into account upon adjudication of the case by the court of intermediate appellate review instance, and an exact listing of the reasons which have prevented the appellant from citing the newly discovered facts;
6. the new evidence which the appellant wishes to be taken upon examination of the case by the court of intermediate appellate review instance, and a narrative of the reasons which have presented the appellant from citing or presenting the said evidence;
7. signature of the appellant.
Attachments to Appeal
Article 261. The following shall be attached to the appeal:
1. transcripts of the appeal and of the attachments thereto according to the number of persons who participate in the case as an opposing party;
2. a power of attorney, where the appeal is lodged by an attorney-in-fact;
3. the new written evidence cited in the appeal;
4. documentary proof of payment of stamp duty.
Verification by First-Instance Court
Article 262. (1) If the appeal does not conform to the requirements referred to in Items 1, 2, 4 and 7 of Article 260 and Article 261 herein, a communication shall be sent to the party, instructing the party to cure the non-conformities within one week.
(2) The appeal shall be returned where:
1. the said appeal has been lodged after expiry of the time limit for appellate review, and
2. the non-conformities are not cured in due time.
(3) The order of return shall be appealable by an interlocutory appeal.
Answer to Intermediate Appellate Review Appeal and Intermediate
Appellate Review Cross-Appeal
Article 263. (1) After accepting the appeal, the court shall transmit a duplicate copy thereof together with the attachments to the other party, which may submit an answer to the appeal within two weeks after receipt of the said copy and attachments. The provisions of Article 259 (2) to (4), Items 1, 2, 4 and 7 of Article 260 and Article 261 herein shall apply, mutatis mutandis, to any such answer.
(2) Within the time limit for answer, the opposing party may lodge an intermediate appellate review cross-appeal. The intermediate appellate review cross-appeal must conform to the requirements applicable to an intermediate appellate review appeal.
(3) The court shall verify the conformity of the intermediate appellate review cross-appeal according to Article 262 herein. After accepting the said cross-appeal, the court shall transmit a transcript thereof together with the attachments to the other party, which may submit an answer within one week after receipt of the said transcript and attachments.
(4) The intermediate appellate review cross-appeal shall not be examined if the intermediate appellate review appeal is withdrawn or returned.
(5) After expiry of the time limits referred to in Paragraphs (1) and (3), the case, together with the appeals and the answers, shall be transmitted to the superior court.
Withdrawal of Intermediate Appellate Review Appeal and Waiver of Right
of Appeal
Article 264. (1) During any stage of the proceeding, a party may withdraw, in whole or in part, an appeal lodged.
(2) Any advance waiver of the right of appeal shall be invalid.
Joining Intermediate Appellate Review Appeal
Article 265. (1) Not later than during the first hearing in the court of intermediate appellate review instance, each of the co-parties to the case may join the appeal lodged by the co-plaintiff or co-respondent thereof. Joinder shall be effected by means of submission of a petition in writing with transcripts according to the number of parties.
(2) In the cases of necessary joinder of parties, the court shall constitute the co-parties of the appellant ex officio.
Citing New Facts and Evidence Prohibited
Article 266. (1) In an intermediate appellate review proceeding, the parties may not allege new circumstances, cite and present evidence which the said parties could have cited and presented in due time in the first-instance proceeding.
(2) 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 prior to the lodgment of the appeal or within the time limit for an answer, as the case may be;
2. allege any circumstances which have occurred after the lodgment of the appeal or after expiry of the time limit for an answer, as the case may be, circumstances which are relevant to the case, and cite and present evidence of any such circumstances.
(3) Taking of evidence which was not admitted by the first-instance court by reason of procedural breaches may not be moved for in an intermediate appellate review proceeding.
Preparatory Hearing
Article 267. (1) The intermediate appellate review court, sitting in camera, shall verify the admissibility of the appeals applying, mutatis mutandis, Article 262 herein, shall pronounce on admission of the new evidence cited by the parties, and shall schedule an examination of the case in public session. The issues of the admissibility of the appeals and the motions for evidence may alternatively be addressed during the first hearing of the case, if the court determines that the oral explanations of the parties must be heard as well.
(2) The court may hear again witnesses and expert witnesses, if the court deems this necessary.
Public Session of Intermediate Appellate Review Court
Article 268. (1) The intermediate appellate review court shall examine the appeals, sitting in public session with the parties being summoned, and the appeals and the answers shall be reported during the hearing.
(2) The taking of evidence shall follow the general rules and, if necessary, the hearing of the case shall be adjourned.
(3) After addressing the issues referred to in Article 267 herein and taking of the evidence, the court shall proceed with the oral arguments, where to Article 149 (3) herein shall apply, mutatis mutandis.
Intermediate Appellate Review Court: Powers
Article 269. The intermediate appellate review court shall pronounce ex officio on the validity of the judgment and on the admissibility in the appealed part of the said judgment. On the rest of the issues, the said court shall be limited by what is stated in the appeal.
Adjudication in Case of Null and Inadmissible First-Instance Judgment
Article 270. (1) Where a first-instance judgment is null, the intermediate appellate review court shall declare the nullity and, if the case is not dismissible, shall return the said case to the first-instance court for rendition of a new judgment.
(2) The nullity of the judgment may be raised according to an action procedure sine die or by means of an opposition.
(3) Where the judgment is inadmissible, the intermediate appellate review court shall invalidate the said judgment and shall dismiss the case. Where the grounds for invalidation are lack of cognizance of the dispute, the case shall be transmitted to the competent court. If an unbrought action has been examined, the judgment shall be invalidated and the case shall be returned to the first-instance court for pronouncement on the action brought.
(4) The judgment of the district court may not be invalidated solely due to the fact that the action was cognizable in the regional court.
Judgment in Case of Incorrect First-Instance Judgment
Article 271. (1) Where the first instance judgment is valid and admissible, the intermediate appellate review court shall resolve the dispute on the merits, upholding or reversing the first instance judgment in whole or in part. If the judgment is not appealed by the other party, the position of the appellant may not be affected adversely by the new judgment.
(2) Upon reversal of the judgment on the principal action, the pendency of any actions which may be joined thereto and on which the first-instance court has not pronounced shall be restored.
(3) The court shall reverse the judgment also in respect of the co-parties of the appellant who have not appealed.
Judgment in Case of Correct First-Instance Judgment
Article 272. Where the intermediate appellate review court upholds the first-instance judgment, the said court shall reason the judgment thereof, inter alia by reference to the reasoning of the first-instance court.
Applicability of First-Instance Proceeding Rules
Article 273. Save insofar as there are any special rules for the proceeding before the court of intermediate appellate review instance, the rules applicable to the proceeding before the court of first instance shall apply, mutatis mutandis.


Chapter Twenty-One
APPELLATE REVIEW OF RULINGS

Appellate Review by Interlocutory Appeal
Article 274. (1) Interlocutory appeals may be lodged against the rulings of the court:
1. where the ruling bars the further progress of the case, and
2. in the cases expressly specified in the law.
(2) Where the rulings referred to in Paragraph (1) are rendered by a court of intermediate appellate review instance, the said rulings shall be appealable by an interlocutory appeal before the Supreme Court of Cassation. The rulings referred to in Paragraph (1), rendered by a panel of the Supreme Court of Cassation, shall be appealable before another panel of the same court.
(3) Where the prerequisites covered under Article 280 (1) herein apply, appealability by an interlocutory appeal before the Supreme Court of Cassation shall apply to:
1. the rulings of the intermediate appellate review courts whereby any interlocutory appeals against rulings barring the further progress of the case are left without consideration;
2. the rulings whereby other proceedings are resolved on the merits or the progress of any such proceedings is barred.
(4) Cassation appealability shall not apply to any rulings in cases with an appealable interest not exceeding BGN 1,000.
Time Limit for Appellate Review and Interlocutory Appeal Content
Article 275. (1) Interlocutory appeals shall be lodged within one week after communication of the ruling. If a ruling rendered during a court hearing is appealed, this time limit shall begin to run in respect of the party who appeared during the said hearing as from the day of the said hearing.
(2) In respect of interlocutory appeals, the provisions of Article 259 (2) to (4), Articles 260, 261, 263 and 273 herein shall apply, mutatis mutandis.
Answer to Interlocutory Appeal
Article 276. (1) After accepting the appeal, the court shall transmit a transcript to the other party, which may submit an answer within one week after receipt of the said transcript.
(2) After expiry of the time limit referred to in Paragraph (1), the appeal, together with the answer and the attachments thereto, if any such have been submitted, shall be transmitted to the superior court. The court shall attach a transcript of the ruling appealed.
Stay of Proceeding
Article 277. An interlocutory appeal shall not stay the proceeding in the matter of the case, nor the enforcement of the ruling appealed, unless otherwise provided for in a law. The court competent to examine the appeal may stay the proceeding or the enforcement of the ruling appealed until adjudication of the interlocutory appeal, if the said court deems this necessary.
Examination and Adjudication of Interlocutory Appeal
Article 278. (1) Interlocutory appeals shall be examined in camera. The court, if it deems it necessary, may examine the appeal sitting in public session.
(2) If it vacates the ruling appealed, the court itself shall address the issue under the appeal. The court may also take evidence, if the court deems this necessary.
(3) The ruling rendered on the interlocutory appeal shall be binding upon the inferior court.
(4) Save insofar as there are any special rules in this Section, the rules applicable to the appellate review of judgments shall apply, mutatis mutandis, to the proceeding on interlocutory appeals.
Appellate Review of Orders
Article 279. The provisions of Articles 274 to 278 herein shall furthermore apply, mutatis mutandis, to the interlocutory appeals against the orders of the court.


Chapter Twenty-Two
CASSATION APPELLATE REVIEW

Scope of Application
Article 280. (1) Cassation appealability before the Supreme Court of Cassation shall apply to any intermediate appellate review judgments wherein the court has pronounced on a material issue of substantive law or procedural law which:
1. is addressed in conflict with the case law of the Supreme Court of Cassation;
2. has been addressed by the courts in a conflicting manner;
3. is relevant to the accurate application of the law, as well as to the progress of the case.
(2) Cassation appealability shall not apply to any judgments in the matter of cases with an appealable interest not exceeding BGN 1,000.
Grounds for Cassation Appellate Review
Article 281. A cassation appeal shall be lodged where:
1. the judgment is null;
2. the judgment is inadmissible;
3. the judgment is incorrect by reason of violation of the substantive law, a material breach of the rules of court procedure, or lack of justification.
Stay of Enforcement of Intermediate Appellate Review Judgment
Article 282. (1) The lodgment of a cassation appeal shall not stay the enforcement of the judgment.
(2) The appellant may move for a stay of the enforcement of the intermediate appellate review judgment. In such case, the appellant shall be obligated to furnish due security. The amount of the security shall be set at:
1. in judgments on pecuniary receivables: the amount awarded;
2. in judgments regarding rights in rem: the appealable interest.
(3) In all other cases, the amount of security shall be set by the court.
(4) Where security has been furnished in connection with the enforcement of a judgment regarding rights in rem to corporeal immovables or movable things, the said security shall be retained if, within two weeks after the cassation appeal has been left without consideration, the holder of the receivable brings an action for compensation for the damages resulting from the delay of enforcement.
(5) Where enforcement of the awarded receivable has been secured, the security shall be released after the action is dismissed or the proceeding is terminated.
(6) If the intermediate appellate review judgment is reversed, the enforcement of the said judgment shall be stayed. In case the new judgment is different from the previous judgment, the provision of sentence two of Article 245 (3) herein shall apply, mutatis mutandis.
Time Limit for Cassation Appellate Review
Article 283. The appeal shall be lodged care of the court which has rendered the intermediate appellate review judgment within one month after service of the said judgment upon the party. The time limit for cassation appellate review shall be interrupted according to Article 259 (2), (3) and (4) herein.
Cassation Appeal: Content
Article 284. (1) The appeal must contain:
1. the name and address of the lodging party;
2. an indication of the judgment appealed;
3. an accurate and reasoned narrative of the cassation grounds;
4. formulation of the prayer;
5. signature of the appellant.
(2) The cassation appeal shall be countersigned by a lawyer or a legal adviser, save as where the appellant or the representative thereof possesses a licensed competence to practise law. A power of attorney on the countersigning or a certificate of licensed competence to practise law shall be attached to the appeal.
(3) The following shall be attached to the appeal:
1. a narrative of the grounds for cassation appealability under Article 280 (1) herein;
2. transcripts of the appeal and of the attachments thereto according to the number of persons who participate in the case as an opposing party;
3. a power of attorney, where the appeal is lodged by an attorney-in-fact;
4. documentary proof of payment of stamp duty.
Verification of Conformity of Cassation Appeal
Article 285. (1) The intermediate appellate review court shall verify the conformity of the appeal, and if the said appeal does not conform to the requirements covered under Article 284 herein, the said court shall send a communication to the party, instructing the party to cure the non-conformities within one week.
(2) If the appeal is conforming, the intermediate appellate review court shall transmit the said appeal together with the papers exchanged and the case to the Supreme Court of Cassation.
Return of Cassation Appeal
Article 286. (1) The appeal shall be returned by the intermediate appellate review court where:
1. the said appeal has been lodged after expiry of the time limit for appellate review;
2. the non-conformities are not cured in due time;
3. the intermediate appellate review judgment is not subject to cassation appellate review under Article 280 (2) herein.
(2) The order of return shall be appealable by an interlocutory appeal.
Answer to Cassation Appeal and Cassation Cross-Appeal
Article 287. (1) After accepting the appeal, the intermediate appellate review court shall transmit a transcript thereof together with the attachments to the other party, which may submit an answer to the appeal within one month after receipt of the said copy and attachments. The provisions of Article 259 (2) to (4) and Article 284 herein shall apply, mutatis mutandis, to any such answer.
(2) The opposing party under the appeal may lodge a cassation cross-appeal within the time limit for answer. The cassation cross-appeal must conform to the requirements applicable to a cassation appeal.
(3) If a cassation cross-appeal is lodged in due time, the intermediate appellate review court shall verify the conformity of the said appeal and shall transmit a transcript thereof together with the attachments thereto to the other party, which may submit an answer within two weeks after receipt of the said transcript and attachments.
(4) The cassation cross-appeal shall not be examined if the cassation appeal is not examined.
Admission of Cassation Appellate Review
Article 288. The Supreme Court of Cassation, sitting in camera in a three-judge panel, shall render a ruling on admission of the cassation appellate review.
Summoning of Parties in Cassation Proceeding
Article 289. Prior to the first day of each month, the Supreme Court of Cassation shall promulgate in the State Gazette the days on which the said Court is to sit during the next succeeding month, and the cases subject to examination. Where circumstances necessitate any departures from this procedure, the parties shall be notified by means of communication.
Examination of Cassation Appeal
Article 290. (1) The appeal shall be examined by a three-judge panel of the Supreme Court of Cassation sitting in public session.
(2) The Supreme Court of Cassation shall verify the correctness of the intermediate appellate review judgment solely on the grounds cited in the appeal.
Reconciliation of Case Law
Article 291. Where the intermediate appellate review judgment has been rendered with a conflicting case law, the Supreme Court of Cassation:
1. shall specify, by a reasoned judgment, the conflicting judgment wherein the case law it considers correct; in such case, the said Court shall render a judgment in the matter of the case on the basis of the said case law;
2. where it holds that the case law in the judgments is incorrect, the said Court shall specify, by a reasoned judgment, why the said case law is incorrect; in such case, the said Court shall render a judgment interpreting the law on the basis of the circumstances of the case;
3. where it holds that the case law in the conflicting judgments is inapplicable to the pending dispute, the said Court shall specify, by a reasoned judgment, why the said case law is inapplicable; in such case, the said Court shall render a judgment interpreting the law on the basis of the circumstances of the case.
Proposal for Interpretative Judgment
Article 292. Where issues have been addressed in a conflicting manner by the Supreme Court of Cassation, the panel shall propose to the general meeting to render an interpretative judgment and shall stay the proceeding in the matter of the case.
Cassation Judgment
Article 293. (1) The Supreme Court of Cassation shall leave standing or shall reverse, in part or in whole, the judgment appealed.
(2) The judgment shall be reversed as wrong where the substantive law has been violated or where material breaches of the rules of court procedure have been committed or the judgment is unjustified.
(3) The court shall return the case for a new examination by another panel of the intermediate appellate review court solely if any procedural steps at court have to be repeated or new such steps have to be performed.
(4) Where the judgment appeal is null or inadmissible, the rules of Article 270 herein shall apply.
Re-examination of Case
Article 294. (1) The court whereto the case has been transmitted shall examine the said case according to the standard procedure, with the proceeding commencing from the legally non-conforming step which has served as grounds for reversal of the judgment. The instructions of the Supreme Court of Cassation regarding the application and interpretation of the law shall be binding upon the court whereto the case has been returned.
(2) Upon re-examination of the case, the court shall furthermore pronounce on the costs of conduct of the case at the Supreme Court of Cassation.
Cassation Appellate Review of Judgment upon Re-examination of Case
Article 295. (1) Where the prerequisites covered under Article 280 (1) herein apply, the second judgment of the court of intermediate appellate review instance may be appealed over violations committed upon the re-examination of the case. Any such appeal shall be examined by a three-judge panel of the Supreme Court of Cassation which, upon reversal, shall resolve the dispute on the merits.
(2) Where the grounds for reversal necessitate the performance of any procedural steps at court, the Supreme Court of Cassation shall reverse the intermediate appellate review judgment and shall render a new judgment, where after the said Court shall perform the requisite steps. In such case, the rules applicable to the intermediate appellate review proceeding shall apply, mutatis mutandis.


Chapter Twenty-Three
EFFECT OF JUDGMENTS

Entry into Effect
Article 296. The following judgments shall enter into effect:
1. which are unappealable;
2. where against no intermediate appellate review appeal or cassation appeal has been lodged within the time limit set by the law, or an appeal lodged has been withdrawn; in the latter case, the judgment shall enter into effect as from the day of entry into effect of the ruling whereby the case is dismissed;
3. in respect of which a cassation appeal has not been admitted to examination or has been denied consideration.
Respect of Judgment
Article 297. An effective judgment shall be binding upon the court which has rendered the said judgment and on all courts, institutions and municipalities in the Republic of Bulgaria.
Extent of Effect
Article 298. (1) A judgment shall enter into effect solely between the same parties, in respect of the same demand, and on the same grounds.
(2) An effective judgment shall furthermore have effect in respect of the heirs of the parties, as well as in respect of the successors thereto.
(3) A judgment rendered in the matter of actions for civil status, including in the matter of matrimonial actions, shall have effect in respect of everybody.
(4) A judgment shall furthermore enter into effect in respect of any motions and oppositions regarding a right of retention and set-off granted by the said judgment.
Non-Re-resolvability
Article 299. (1) A dispute, which has been resolved by an effective judgment, may not be re-resolved save in the cases where the law provides otherwise.
(2) The re-instituted case shall be dismissed ex officio by the court.
(3) The effective judgment may not be contested by the party as rendered in a simulated procedure.
Binding Effect of Sentence
Article 300. An effective sentence of a criminal court shall be binding upon the civil court which examines the civil consequences of the act, regarding whether the act has been committed, the wrongfulness of the said act and the guilt of the perpetrator.
Extension of Effect on Action by Prosecutor
Article 301. Where the case has been commenced on an action brought by a prosecutor, the effective judgment shall be furthermore binding upon the party in the interest whereof the prosecutor has brought the action.
Binding Effect of Judgment on Administrative Dispute
Article 302. An effective judgment on an administrative dispute shall be binding upon the civil court regarding whether the administrative act is valid and legally conforming.


Chapter Twenty-Four
REVERSAL OF EFFECTIVE JUDGMENTS

Grounds for Reversal
Article 303. (1) The interested party may move for a reversal of an effective judgment where:
1. new circumstances or new written evidence of material relevance to the case are discovered which could not have been known upon adjudication of the said case or which the party could not procure in due time;
2. falsity of a document, of testimony of a witness, of a conclusion of an expert witness, upon which the judgment is founded, is established according to the due judicial procedure, or a criminal act by the party, by the representative thereof, by a member of the court panel or by a server in connection with the adjudication of the case, is so established;
3. the judgment is based upon a decree by a court or by another government institution which has subsequently been vacated;
4. another effective judgment, which conflicts with the judgment, has previously been rendered between the same parties, in respect of the same demand, and on the same grounds;
5. the party, consequent to a breach of the respective rules, has been deprived of an opportunity to participate in the case or has not been duly represented, or where the said party has been unable to appear in person or through counsel owing to special unforeseen circumstances which the said party was unable to overcome;
6. the party, upon a breach of the respective rules, was or, respectively, was not represented by a person referred to in Article 29 herein.
(2) It shall be inadmissible to reverse a judgment whereby a divorce or a marriage annulment is decreed or a marriage is declared non-existent.
(3) A reversal of a judgment by default may not be sought for a reason for which a reversal of the said judgment could have been sought or is sought under Article 240 (1) herein, or an action could have been brought or is brought under Article 240 (2) herein.
Reversal on Petition by Third Party
Article 304. The party in respect of whom the judgment has effect may also move for a reversal of the judgment, even though the said person has not been party to the case (Article 216 (2) herein).
Time Limit for Reversal
Article 305. A petition for reversal shall be submitted within three months reckoned from the day:
1. whereon the petitioner learnt of the intervening circumstances, or from the day whereon the petitioner could procure the new written evidence: in the cases referred to in Item 1 of Article 303 (1) herein;
2. of entry into effect of the judgment or of learning of the sentence, but not later than one year after the entry into effect of the said sentence: in the cases referred to in Item 2 of Article 303 (1) herein;
3. of learning of the act of reversal, but not later than one year after the entry into effect of the said act: in the cases referred to in Item 3 of Article 303 (1) herein;
4. of entry into effect of the last judgment: in the cases referred to in Item 4 of Article 303 (1) herein;
5. of learning of the judgment, but not later than one year after the entry into effect of the said judgment: in the cases referred to in Items 5 and 6 of Article 303 (1) and Article 304 herein.
Petition for Reversal: Content
Article 306. (1) A petition for reversal must conform to the requirements covered under Articles 260 and 261 herein and must contain an accurate and reasoned narrative of the grounds for reversal. If the petition does not conform to these requirements, the party shall be sent a communication, instructing the party to cure the non-conformities within one week.
(2) Upon failure to cure the non-conformities of the petition for reversal in due time, the provisions of Article 286 herein shall apply.
(3) The petition shall be submitted care of the first-instance court. A transcript shall be attached to the said petition, and the said transcript shall be served upon the opposing party. The said party may give an answer within one week after receipt of the transcript.
Petition for Reversal: Examination and Adjudication
Article 307. (1) The Supreme Court of Cassation, sitting in camera, shall pronounce on the admissibility of the petition for reversal.
(2) The petition for reversal shall be examined by the Supreme Court of Cassation sitting in public session, within which the parties shall be heard and the requisite evidence shall be taken. Where a reversal of a judgment of the Supreme Court of Cassation is sought, the petition shall be examined by another three-judge panel of the Supreme Court of Cassation.
(3) If it determines that the petition is well-founded, the Supreme Court of Cassation shall reverse the judgment in whole or in part and shall return the case for a new examination by another panel of the competent court, also specifying the point wherefrom the new examination of the case must commence.
(4) In the case referred to in Item 4 of Article 303 (1) herein, the court shall reverse the incorrect judgment.
New Examination of Case
Article 308. The general rules shall apply upon the new examination of the case in the matter of which the judgment has been reversed.
Stay of Enforcement
Article 309. (1) The submission of a petition for reversal shall not stay the enforcement of the judgment. The court, acting on a motion by the party, may stay the enforcement under the terms established by Article 282 (2) to (6) herein.
(2) If the judgment is reversed, the enforcement of the said judgment shall be stayed. In case the new judgment is different from the previous judgment, the provision of sentence two of Article 245 (3) herein shall apply, mutatis mutandis.


PART THREE
SPECIAL ACTION PROCEEDINGS
Chapter Twenty-Five
SUMMARY PROCEEDING

Scope of Application
Article 310. The procedure established by this Chapter shall apply to examination of any actions:
1. for labour remuneration, to pronounce a dismissal wrongful and to revoke such dismissal, for compensation for the period of unemployment due to the dismissal, and for correction of the grounds for the dismissal as entered in the work book or in other documents;
2. for protection of premises leased or loaned for use;
3. for establishment and cessation of an infringement of rights under the Copyright and Neighbouring Rights Act, the Patents and Utility Models Registration Act, the Marks and Geographical Indications Act, the Industrial Designs Act, the Topographies of Integrated Circuits Act, and the Protection of New Plant Varieties and Animal Breeds Act;
4. for ascertainment and cessation of violation of rights under the Consumer Protection Act;
5. other actions whereof the examination in a summary proceeding is regulated in a law.
Verification of Statement of Action
Article 311. (1) On the day of receipt of the statement of action, the court shall verify the conformity thereof and the admissibility of the action.
(2) The court shall instruct the plaintiff to amplify, particularize the allegations thereof and to eliminate the contradictions therein, where the said allegations are obscure, deficient or imprecise.
Preparation of Case in Camera
Article 312. (1) On the day of receipt of the answer of the respondent or of the expiry of the time limit for receipt of the said answer, the court, sitting in camera, shall:
1. schedule a hearing of the case for a date within three weeks;
2. prepare a written report on the case;
3. invite the parties to reach a settlement and explain thereto the advantages of the various procedures for voluntary resolution of the dispute;
4. pronounce on the motions for evidence, admitting the evidence which is relevant, admissible and requisite;
5. determine an amount and a time limit for depositing of the costs of taking of evidence.
(2) The court shall serve upon the parties a transcript of the order, and, in addition to the said transcript, shall serve upon the respondent a transcript of the written answer and the evidence attached thereto, and shall instruct the parties to take a stand, within one week, in connection with the instructions given and the report on the case and to undertake the relevant procedural steps, as well as advise the parties of the consequences of non-compliance with the instructions.
(3) The court shall pronounce on any motions made in due time in connection with the instructions and the report on the case on the day of receipt of the said motions. The order on the motions made shall be communicated to the parties.
Consequences of Non-compliance with Instructions
Article 313. Where the parties fail to comply with the instructions of the court within the time limit set, the said parties shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.
Joinder of Actions
Article 314. (1) The plaintiff may, by the stand thereof on the report of the court, and the respondent may, by the written answer, approach the court with a motion to pronounce, by the judgment thereof, regarding the existence or non-existence of a disputed legal relation upon which the outcome of the case depends in whole or in part.
(2) Counter actions may not be brought, third parties may not be impleaded, and actions may not be brought against any such third parties according to the procedure of this proceeding.
(3) In actions for eviction from premises leased or loaned for use, oppositions as to ownership and to improvements made in the immovable shall be inadmissible.
Examination of Case
Article 315. (1) During the hearing for examination of the case, the court shall reinvite the parties to reach a settlement, and if no such settlement is reached, the court shall take the evidence presented and shall hear the oral arguments.
(2) During the same hearing, the court shall assign a day whereon the said court is to publish the judgment thereof and which shall be the day as from which the time limit for appellate review of the said judgment shall begin to run.
Time Limit for Rendition of Judgment
Article 316. The court shall publish the judgment thereof with the reasoning within two weeks after the hearing during which the examination of the case was concluded.
Applicability of Rules before Intermediate Appellate Review Court
Article 317. The rules of this Chapter shall apply, mutatis mutandis, to the proceeding before the intermediate appellate review court.


Chapter Twenty-Six
PROCEEDING IN MATRIMONIAL SUITS

Matrimonial Actions
Article 318. The actions for divorce, for marriage annulment and for establishment of the existence or non-existence of a marriage between the parties shall be examined according to the procedure established by this Chapter.
Special Capacity to Sue
Article 319. Spouses who are minors and limited interdicts may bring matrimonial actions and be sued under such actions of their accord.
Divorce When Wife Pregnant
Article 320. The proceeding in the matter of a matrimonial action shall be stayed on a motion by the wife if she is pregnant and until the child attains the age of twelve months.
Examination of Case
Article 321. (1) During the first hearing for examination of the case on an action for divorce, the parties must appear in person. In case of non-appearance of the plaintiff without reasonable excuse, the proceeding shall be dismissed.
(2) After addressing the preliminary issues and the issues pertaining to the conformity of the statement of action, the court shall be obligated to redirect the parties to mediation or another procedure for voluntary resolution of the dispute.
(3) If the parties reach agreement on commencement of mediation or another procedure for voluntary resolution of the dispute, the case shall be stayed.
(4) Each of the parties may move for a resumption of the proceeding in the matter of the case within six months. Unless such a motion is made, the case shall be dismissed.
(5) Where agreement is reached, depending on the content of the said agreement the case shall be dismissed or a proceeding for divorce by mutual consent shall be proceeded with.
(6) If the parties fail to reach agreement on a mediation procedure or another procedure for voluntary resolution of the dispute, the examination of the case shall continue.
Exhaustive Grounds
Article 322. (1) In an action for divorce, the plaintiff must raise all grounds for the deep and irrevocable break-down of the marriage. Any uncited grounds, which have occurred and have become known to the spouse prior to the conclusion of the oral arguments, may not serve as grounds for bringing a new action for divorce.
(2) All matrimonial actions may be joined there between. The demands for exercise of parental rights, interspousal personal relations and child maintenance, use of the matrimonial home, interspousal maintenance and the surname shall mandatorily be brought and examined by such actions.
(3) The provisions of Paragraphs (1) and (2) shall furthermore apply to the respondent regarding the actions which the said respondent could have brought.
(4) An action for marriage annulment by reason of a violation of the age qualification under Article 12 and by reason of threat under Item 2 of Article 96 (1) of the Family Code may not be brought after the action for divorce is dismissed.
Interim Measures
Article 323. (1) Acting on a petition by any of the parties, the court where before the action for divorce or for marriage annulment has been brought shall rule on interim measures regarding the maintenance, the matrimonial home and the use of the property acquired during the marriage, as well as regarding the care of the children and the maintenance thereof.
(2) The court shall pronounce on any such petition during the hearing during which the said petition is submitted, unless additional evidence has to be taken. In such case, a new hearing shall be scheduled within two weeks.
(3) The ruling referred to in Paragraph (1) shall be unappealable but may be modified by the same court.
Judgment on Matrimonial Actions
Article 324. A judgment by default and a judgment upon acknowledgment of the demand shall not be rendered on matrimonial actions.
Entry into Effect of Judgment of Divorce
Article 325. A judgment on divorce shall enter into effect, even if the said judgment has been appealed solely in the part thereof concerning the fault.
Surname after Divorce
Article 326. By the judgment whereby the divorce is granted, the court shall also address the issue of the surname which the spouses will be able to use in future.
Continuing Case upon Plaintiff's Death
Article 327. (1) When the plaintiff spouse dies and the action for divorce is based on the fault of the surviving spouse, the court shall allow the descendants or ascendants called to accept the succession to state whether they wish to continue the case. This rule shall furthermore apply to an action for marriage annulment, if the surviving spouse acted in bad faith.
(2) If nobody states a wish to continue the case within the time limit allowed, the said case shall be dismissed. The case shall also be dismissed if the action for divorce is not based on the fault of the surviving spouse or if, upon an action for marriage annulment, the surviving spouse acted in good faith.
(3) Where the case is continued, the court shall pronounce solely on the culpable behaviour of the survivor cited by the deceased spouse as grounds for marriage annulment.
Continuing Case upon Respondent's Death
Article 328. Upon the death of the respondent, the persons referred to in Article 327 herein may continue the case if the action brought is in reference to Article 13 of the Family Code and the plaintiff acted in bad faith when the marriage was contracted.
Costs of Case
Article 329. (1) The court costs of matrimonial suits shall be awarded against the spouse at fault or the spouse who acted in bad faith. Where there is no fault or bad faith, or where both spouses are at fault or acted in bad faith, the costs shall be left borne by each one of them as incurred.
(2) Upon dismissal of the action for divorce, the costs shall be determined according to the procedure established by Article 78 herein. The same procedure shall furthermore apply to determination of costs upon appellate review of the judgment.
Divorce by Mutual Consent
Article 330. (1) Upon a motion for divorce by mutual consent, the spouses shall appear in person during the court hearing.
(2) Where any of the spouses fails to appear without reasonable excuse, the case shall be dismissed.
(3) After satisfying itself that the consent of the spouses to divorce is serious and firm, and after determining that the agreement reached under Article 101 of the Family Code does not conflict with the law and is in the interest of the children, the court shall grant the divorce and shall endorse the agreement by a judgment.
(4) Examination of the petition shall be adjourned solely if additional evidence has to be taken.
(5) The judgment whereby divorce by mutual consent is granted shall be unappealable.


Chapter Twenty-Seven
PROCEEDING IN CIVIL STATUS CASES

Governing Provisions
Article 331. (1) Any actions to establish or disavow filiation, as well as any actions to terminate adoption, shall be examined according to the procedure established by this Chapter.
(2) Articles 319 and 327 herein shall apply, mutatis mutandis, to any actions covered under Paragraph (1) regarding the continuing of the case by the heirs of the adopter to establish that it is well-founded.
Joinder of Actions for Maintenance
Article 332. (1) An action for maintenance of the child may be joined to the action to establish paternity or maternity, but interim maintenance may not be awarded in the matter of such cases.
(2) An action for compensation of the adoptee who has contributed to an augmentation of the property status of the adopter may be joined to the action to terminate adoption. Any such action may be brought as a counter action as well.
Duty to Cooperate
Article 333. (1) The parties to a filiation case shall be obligated to cooperate upon the preparation of the conclusion by the expert witness, unless the research involves a substantial or sustained risk to the life or health of the said parties.
(2) The court shall pronounce on a refusal to cooperate by a ruling which shall be subject to appellate review by separate appeal. Where the refusal is rightful, the court shall determine another method of research into filiation which does not involve any such risk.
(3) For obtaining any samples whereupon the inviolability of the body is not impaired, the court shall command, where necessary, the application of appropriate methods of compulsion.
(4) If evidence cannot be taken according to the procedure established by Paragraphs (1) to (3), the court may decree that the requisite post-mortem samples be taken except in the cases where this is prohibited by a law.
Judgment on Civil Status Action
Article 334. A judgment by default and a judgment upon acknowledgment of the demand shall not be rendered on any action for civil status.
Termination of Proceeding upon Child's Death
Article 335. The proceeding in the matter of cases to disavow paternity shall be terminated in the event of death of the child.


Chapter Twenty-Eight
INTERDICTION

Commencement of Proceeding
Article 336. (1) The full or limited interdiction of a person may be moved for by a statement of action by the spouse, by members of the immediate family, by a prosecutor and by any person who has standing to do so.
(2) The participation of a prosecutor in the proceedings referred to in Paragraph (1) shall be mandatory.
Immediate Impressions of Person
Article 337. (1) The person sought to be interdicted must be examined in person and, if necessary, the attendance thereof shall be compelled. Where the said person is placed in a medical-treatment facility and the health condition thereof precludes that he or she be brought in person to a court hearing, the court shall be obligated to obtain an immediate impression of the condition of the said person.
(2) If, after the examination, the court deems it necessary, the court shall appoint a provisional curator to take care of the personal and property interests of the person referred to in Paragraph (1).
Examination of Action
Article 338. (1) The court shall pronounce on the statement of action after an examination of the person sought to be interdicted and of the family members thereof. If this proves insufficient, the court shall proceed with taking of other evidence and hearing of expert witnesses.
(2) If the person is placed in a medical-treatment facility, the court shall procure information on the condition of the said person.
(3) After the entry into effect of the judgment whereby the person is interdicted, the court shall communicate this to the authority on tutorship and on curatorship in order to institute tutorship or curatorship.
(4) The plaintiff shall not be entitled to costs in the interdiction proceeding. If the action is dismissed, the plaintiff shall owe the respondent the costs incurred thereby in connection with the case.
Judgment on Action for Interdiction
Article 339. A judgment by default and a judgment upon acknowledgment of the demand shall not be rendered on any action for interdiction.
Vacation of Interdiction
Article 340. (1) The provisions of this Chapter shall furthermore apply to a vacation of interdiction.
(2) A vacation of interdiction may be requested, inter alia, by the authority on tutorship and on curatorship or by the tutor.


Chapter Twenty-Nine
JUDICIAL PARTITION

Commencement of Proceeding
Article 341. (1) Any co-heir who wishes a partition shall submit a written petition to the regional court, attaching thereto:
1. a certificate of death of the decedent and a certificate of heir ship of the said decedent;
2. a certificate or other written evidence of the succession immovables;
3. transcripts of the petition and the attachments for the other co-heirs.
(2) During the first hearing of the case, each of the remaining co-heirs may move, by a written petition, for incorporation of other immovables into the decedent's estate.
First Hearing
Article 342. During the first hearing, each of the co-heirs may oppose the right of any of the said co-heirs to participate in the partition, to the amount of the share of each of the said co-heirs, as well as to the incorporation of certain immovables into the decedent's estate.
Pre-conditioning Questions
Article 343. Disavowals of filiations, contestations of adoptions, of testaments and of the authenticity of written evidence, as well as motions for reduction of testamentary dispositions and of donations, shall be examined in the partition proceeding.
Judgment Granting Partition
Article 344. (1) In the judgment whereby partition is granted, the court shall pronounce on the questions as to between which persons and in respect of which immovables the said partition is to be made, as well as what share appertains to each co-heir. Where partition of movable things is granted, the court shall furthermore pronounce on the question as to which of the co-partitioners holds the said things.
(2) In the judgment referred to in Paragraph (1) or later, if all heirs do not use the succession immovables in conformity with the rights thereof, the court, acting on a motion by some of the said heirs, shall decree which of the heirs are to avail themselves of which immovables until the partition is finally made or what amounts the former must pay the latter in consideration of the use.
(3) The ruling under Paragraph (2) may be modified by the same court. Any such ruling shall furthermore be appealable by an interlocutory appeal.
Exclusion of Immovables from Partition
Article 345. Where the succession includes any immovables which the decedent owned in co-ownership with third parties, the said immovables shall be excluded from the divisible estate, if a partition is not made between the heirs, of the one part, and the third parties, of the other hand, prior to the drawing up of the memorandum of division.
Demands for Accounts
Article 346. During the first hearing after the granting of the petition, the co-heirs may raise demands for accounts there between, citing the evidence in their possession.
Memorandum of Division
Article 347. The court shall draft the memorandum of division on the basis of the conclusion of an expert witness in compliance with the rules of the Succession Act.
Offering for Public Sale
Article 348. Where any immovable is indivisible and cannot be allocated to any of the shares, the court shall decree that the said immovable be offered for public sale. The parties to the partition may bid in the public sale.
Award of Indivisible Dwelling Unit
Article 349. (1) If the indivisible immovable is a dwelling unit which constituted matrimonial community property terminated by the death of one spouse or by divorce, and the surviving or former spouse, who has been awarded the exercise of parental rights in respect of the children from the marriage, does not have a dwelling unit of his or her own, the court, acting on a motion by the said spouse, may allocate any such dwelling unit to a share, the shares of the rest of the co-partitioners being balanced by other immovables or by money.
(2) If the indivisible immovable is a dwelling unit, each of the co-partitioners who, upon the opening of the succession resided therein and does not own another dwelling unit, may move that the said dwelling unit be allocated to the share thereof, with the shares of the rest of the co-partitioners being balanced by another immovable or by money. Where several co-partitioners satisfying the conditions of sentence one lay claims to allocation of the immovable to the share thereof, preference shall be given to the co-partitioner who offers a higher price.
(3) The interested parties may record a legal mortgage for the claims for balancing of the shares.
(4) A motion for award may be made at the latest during the first hearing after the entry into effect of the judgment granting the partition under Article 344 (1) herein. The immovable shall be appraised at the actual value thereof.
(5) Where the balancing is by money, the said balancing must be paid together with the statutory interest within six months after the entry into effect of the judgment of award.
(6) The co-partitioner, to whose share the immovable is allocated according to the procedure established by Paragraphs (1) and (2), shall become owner of the said immovable after paying the money balancing as set together with the statutory interest within the time limit referred to in Paragraph (5). If the balancing is not paid within the said time limit, the judgment of award shall be invalidated ex lege and the property shall be offered for public sale. The immovable may not be offered for public sale and may be awarded to another co-partitioner who satisfies the conditions under Paragraph (2) and has moved for an award within the time limit referred to in Paragraph (4) if the said partitioner forthwith pays the price whereat the immovable was appraised upon the partition, debited with the value of the share of the said partitioner in the said immovable. The resulting amount shall be apportioned among the rest of the co-partitioners according to the quotas thereof.
Final Memorandum of Division
Article 350. After drawing up the draft of the memorandum of division, the court shall summon the parties in order to present the said draft thereto and to hear the oppositions thereof to the said draft. Thereafter, the court shall draw up and publish the final memorandum of division.
Appellate Review of Judgments
Article 351. The judgments under Articles 346, 348, 349 and 350 herein shall be appealable by a general appeal within the time limit for appellate review of the latest judgment.
Drawing of Lots
Article 352. After the judgment on the memorandum of division enters into effect, the court shall summon the parties for a drawing of lots.
Apportionment of Immovables
Article 353. The court may make the partition by apportioning the succession immovables among the co-partitioners without drawing of lots, where the formation of shares and the drawing of lots proves impossible or very inconvenient.
Buy-out by Co-partitioner
Article 354. (1) Where the immovable is offered for public sale as indivisible, each of the co-partitioners in the partition may buy out the said immovable under the terms established by Article 505 (2) herein.
(2) If several co-partitioners wish to buy out the immovable under the terms established by Paragraph (1), a new sale shall be conducted solely between the said co-partitioners, with the highest price offered in the first sale as the starting bid. The said new sale shall continue for one week and shall follow the general rules.
(3) If none of the co-partitioners buys out the immovable in the sale referred to in Paragraph (2), the said immovable shall be awarded to the third-party bidder in respect of the partition who offered the highest price in the first sale.
Costs of Proceeding
Article 355. The parties shall pay the costs in proportion to the shares thereof. The costs under the joined actions in the partition proceeding shall be determined under Article 78 herein.


Chapter Thirty
REMEDY AGAINST AND RECOVERY OF DISTURBED POSSESSION

Generic Cognizance
Article 356. Any actions for remedy against disturbed possession and holding and for recovery of disturbed possession and holding (Articles 75 and 76 of the Ownership Act) shall be cognizable in the regional court acting as a court of first instance.
Establishment of Fact of Possession
Article 357. (1) Under these cases, the court shall verify solely the fact of possession or of the disturbance thereof.
(2) The documents attesting the right of ownership shall be taken into account solely insofar as the said documents establish the fact of possession.
Verification as to Legal Conformity
Article 358. Where possession has been forfeited at a command or with the cooperation of an enforcement agent or another state body, the court shall verify the legal conformity of the command or, respectively, of the acts performed, regardless of whether they are appealable or have been appealed.
Inadmissibility where Action for Ownership Brought
Article 359. The person, who has brought an action for ownership of a corporeal immovable, may not bring an action for possession against the same respondent in respect of the same immovable while the suit for the ownership is pending, unless dispossession has been effected through violent means or through concealment after the said action has been brought.
Fine for Disturber
Article 360. Where the possession or holding has been forfeited through violent means or through concealment (Article 76 of the Ownership Act), the court may, inter alia, impose on the disturber a fine not exceeding BGN 1,000.
Anticipatory Enforcement
Article 361. The judgment regarding the delivery of the immovable shall be subject to anticipatory enforcement and may not be stayed.


Chapter Thirty-One
PROCEEDING FOR CONCLUSION OF FINAL CONTRACT

Declaring Finality of Contract in Case of Cross-Obligation
Article 362. (1) In an action under Article 19 (3) of the Obligations and Contracts Act, if, according to the preliminary contract, the plaintiff must perform a cross-obligation thereof upon conclusion of the final contract, the court shall render judgment in lieu of the final contract, subject to the condition that the plaintiff is to perform the obligation thereof. In such case, the plaintiff must perform the obligation thereof within two weeks after the entry into effect of the judgment, inter alia through setting off the obligations to the State paid thereby for the account of the respondent.
(2) If the plaintiff fails to perform the obligation thereof within the time limit referred to in Paragraph (1), the first-instance court, acting on a motion by the respondent, shall invalidate the judgment.
Verification of Ownership
Article 363. Where the obligation is for transfer of a right of ownership to an immovable, the court shall verify whether the prerequisites for transfer of the ownership according to a notarial procedure apply, including whether the transferor is owner of the said immovable.
Fees and Costs
Article 364. (1) By the judgment thereof, the court shall order the plaintiff to pay the State the costs due for the transfer of the immovable and shall command the recording of a preventive attachment of the said immovable until payment of the said costs.
(2) The court shall not issue a transcript of the judgment until the plaintiff proves that the costs of the transfer have been paid.


Chapter Thirty-Two
PROCEEDINGS ON COMMERCIAL DISPUTES

Governing Provisions
Article 365. According to the procedure established by this Chapter, the district court, acting as a court of first instance, shall examine actions for a right or a legal relation arising from or appertaining to:
1. a commercial transaction, including the conclusion, interpretation, validity, performance, non-performance or termination of any such transaction, the consequences of the termination thereof, as well as for filling gaps in a commercial transaction or adjustment of any such transaction to intervening circumstances;
2. a privatization contract, a public procurement contract, or a concession agreement;
3. participation in a commercial corporation or in another legal person which is a merchant, as well as for establishment of admissibility or nullity of a recording and for non-existence of a circumstance recorded in the commercial register;
4. replenishment of the bankruptcy estate, including the actions of creditors for a declaratory judgment;
5. cartel agreements, decisions and concerted practices, concentration of economic activities, unfair competition, and abuse of a monopoly position or of a dominant position.
Attachments to Statement of Action
Article 366. As an attachment to a statement of action for a pecuniary receivable, the party shall be obligated to present a statement containing the calculations required for determination of the amount of the said claim.
Answer to Statement of Action
Article 367. (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 two weeks, specifying the mandatory content of the answer and the consequences of the non-submission of an answer or of the non-exercise of rights.
(2) The 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 thereof, 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 exactly the evidence and the specific circumstances which the said respondent is to prove thereby, as well as to present all written evidence in the possession thereof.
(4) Within the time limit for answer, the respondent may bring a counter action, may implead third parties and may bring actions there against.
Attachments to Answer to Statement of Action
Article 368. Transcripts of the answer and of the attachments thereto according to the number of plaintiffs shall be presented attached to the answer to the statement of action.
Opposition to Examination According to Standard Procedure
Article 369. (1) An opposition alleging that the dispute is not subject to examination according to the standard procedure may be lodged solely by the respondent at the latest by the answer to the statement of action, or may be raised ex officio by the court within the same time limit.
(2) A ruling that the dispute is subject to examination according to the standard procedure shall be appealable by an interlocutory appeal.
Consequences of Non-submission of Answer
Article 370. Where the respondent fails, within the established time limit, to submit a written answer, to take a stand, to lodge oppositions, to cite evidence or to present written evidence, the said respondent shall forfeit the possibility to do so later, unless the omission is due to special unforeseen circumstances.
Opposition to Set-Off after Time Limit for Answer
Article 371. An opposition to set-off may be raised prior to the conclusion of the trial in the court of first instance, where taking of new evidence is not required to prove the said set-off, or prior to the conclusion of the trial in the court of intermediate appellate review instance, where the existence or non-contestation of the said set-off are established by an effective judgment of court or an enforcement order.
Additional Statement of Action
Article 372. (1) After accepting the answer, the court shall transmit a duplicate copy of the said answer together with the attachments to the plaintiff, who may submit an additional statement of action within two weeks.
(2) In the additional statement of action, the plaintiff may explain and amplify the initial statement of action. Within the time limit for submission of an additional statement of action, the plaintiff may modify the demand raised, may implead third parties and bring actions there against, may approach the court with a motion to pronounce by the judgment itself inter alia regarding the existence or non-existence of a legal relation disputed in the answer to the statement of action upon which the outcome of the case depends in whole or in part, as well as cite and present new evidence which the plaintiff was unable to cite and present by the statement of action.
Additional Answer
Article 373. (1) After accepting the additional statement of action, the court shall transmit a transcript of the said statement together with the attachments to the respondent who may submit an answer within two weeks.
(2) In the additional answer, the respondent shall be obligated to respond to the additional statement of action. Within the time limit for submission of an additional statement of action, the respondent may approach the court with a motion to pronounce by the judgment itself inter alia regarding the existence or non-existence of a legal relation disputed in the additional statement of action upon which the outcome of the case depends in whole or in part, as well as cite and present new evidence which the respondent was unable to cite and present by the answer to the statement of action.
Preparation of Case in Camera
Article 374. (1) After verifying the conformity of the papers exchanged and the admissibility of the actions brought, including the cost of the said actions, as well as the other motions and oppositions by the parties, the court shall render a ruling on all preliminary issues and on admission of the evidence. Alternatively, the court may pronounce on the admission of certain evidence in public session solely if the court determines that the oral explanations of the parties must be heard as well.
(2) The court shall schedule a hearing of the case in public session, transmitting the additional answer to the plaintiff. The court shall communicate the ruling thereof referred to in Paragraph (1) to the parties. The court may furthermore communicate to the parties the court's draft of a report on the case, as well as direct the parties to mediation or another procedure for voluntary resolution of the dispute.
Examination of Case in Public Session
Article 375. (1) The court, sitting in public session, shall deliver an oral report, shall give instructions to the parties, and shall afford the parties an opportunity to set forth the stand thereof in connection with the report on the case and the instructions given, as well as to undertake the procedural steps they wish, where after the court shall take the evidence admitted and shall hear the oral arguments.
(2) If the case is of factual and legal complexity, the court may allow each of the parties' time to present a written defence and a reply.
Examination of Case in Camera
Article 376. (1) Where all evidence has been presented by the exchange of papers and if the court holds that hearing of the parties is not necessary, the court may examine the case in camera, affording the parties an opportunity to present written defences and replies.
(2) The court shall examine and adjudicate in the case in camera where the parties move for this.
(3) The court shall assign a day whereon the said court is to publish the judgment thereof and which shall be the day as from which the time limit for appellate review shall begin to run.
Applicability of General Rules
Article 377. Save insofar as there are any special rules for the proceeding on commercial cases, the general rules applicable to the proceeding before the court of first instance shall apply.
Applicability of Rules before Intermediate Appellate Review Court
Article 378. The rules of this Chapter shall apply, mutatis mutandis, to the proceeding before the intermediate appellate review court.


Chapter Thirty-Three
PROCEEDINGS ON CLASS ACTIONS

Class Actions
Article 379. (1) A class action may be brought on behalf of persons who are harmed by the same infringement where, according to the nature of the infringement, the circle of the said persons cannot be defined precisely but is identifiable.
(2) Any persons who claim that they are harmed by an infringement under Paragraph (1), or any organizations responsible for the protection of injured persons or for protection against such infringements, may bring, on behalf of all injured persons, an action against the infringer for a declaratory judgment on the harmful act or omission, an action for the wrongfulness of the said act or omission, and an act for the blame.
(3) Any persons who claim that the collective interest thereof has been harmed or is likely to be harmed by an infringement referred to in Paragraph (1), or any organization responsible for the protection of injured persons, of the harmed collective interest or for protection against such infringements, may bring, on behalf of all injured persons, an action against the infringer for cessation of the infringement, for rectification of the consequences of the infringement of the harmed collective interest, or for compensation for the damages inflicted on the said interest.
Bringing Class Action
Article 380. (1) Class actions shall be examined by the district court acting as a court of first instance according to the procedure established by this Chapter.
(2) The statement of action, apart from the circumstances upon which the action is founded, shall specify the circumstances which identify the circle of injured persons and the form in which publication of the bringing of the action is proposed.
(3) Evidence of the capacity of the resident to protect the harmed interest seriously and in good faith, as well as to incur the charges related to the conduct of the case, including the costs, shall be presented attached to the statement of action.
Verification of Conditions for Bringing Class Action
Article 381. (1) After verification of the admissibility of the action brought and the conformity of the statement of action, the court shall verify ex officio the capacity of the person or persons who have brought the action to protect the harmed interest seriously and in good faith and to incur the charges related to the conduct of the case, including the costs.
(2) The court may hear the person or persons who have brought the action in public session.
(3) The court shall not admit the case to examination if none of the persons who have brought the action satisfies the conditions referred to in Paragraph (1) or if all such persons together do not satisfy the said conditions.
(4) The ruling of the court whereby the case is not admitted to examination shall be appealable by an interlocutory appeal.
Preparation of Case for Examination
Article 382. (1) The court, sitting in public session with the parties being summoned, shall hear the stands of the parties regarding the circumstances which identify the circle of injured persons and the form of publication of the bringing of the action.
(2) The court shall rule on:
1. an adequate form of publication of the bringing of the action: number of announcements, through which media and for what length of time the said announcements must be made;
2. an adequate time limit after the publication within which the injured persons may declare that they will participate in the procedure or will pursue a remedy independently.
(3) The ruling shall be appealable by an interlocutory appeal.
Acceptance of New Participants and Exclusion from Participation
Article 383. (1) The court, sitting in camera, shall:
1. accept for participation in the procedure other injured persons, organizations responsible for the protection of the injured persons, of the harmed collective interest or for protection against such infringements, who or which have declared, within the time limit set, a motion for participation in the procedure;
2. exclude the injured persons who have declared, within the time limit set, that they will pursue a remedy independently in a separate procedure.
(2) The ruling whereby inclusion of new participants or exclusion from participation is refused shall be appealable by an interlocutory appeal.
(3) The court shall issue a transcript of the ruling on exclusion to the persons who have declared, within the time limit set, that they will pursue a remedy independently in a separate procedure.
Accommodation on Voluntary Resolution of Dispute
Article 384. (1) The court shall direct the parties to a settlement and shall explain thereto the advantages of the various procedures for voluntary resolution of the dispute.
(2) The court shall approve the settlement, agreement, conciliation or another accommodation reached on a partial or comprehensive resolution of the dispute if the said accommodation does not conflict with the law and good morals and if the harmed interest can be protected in a sufficient degree through the measures included in the said accommodation.
(3) The accommodation on resolution of the dispute shall take effect after being approved by the court.
Measures for Protection of Harmed Interest
Article 385. (1) The court may order the respondent to perform a specific act, to refrain from performing a specific act, or to pay a specific amount.
(2) Acting on a petition by the plaintiff, the court where before the action has been brought may rule on adequate interim measures for protection of the harmed interest. The ruling may be modified or vacated by the same court consequent to a change of circumstances, an error or an omission.
(3) The ruling shall be subject to intermediate appellate review and cassation appellate review regardless of the prerequisites for cassation appealability covered under Article 280 (1) herein. An appellate review of the ruling shall not stay the enforcement thereof, unless the court competent to examine the appeal decrees otherwise.
(4) Upon rendition of the judgment, the court shall not be bound by the measures for protection cited by the plaintiff. Considering the specifics of the case and after taking into account the stand of the respondent, the court may decree other measures which ensure adequate protection of the harmed interest.
Judgment on Class Action
Article 386. (1) The judgment of the court shall have effect in respect of the infringer, the person or persons who have brought the action, as well as in respect of those persons who claim that they are harmed by the established infringement and who have not declared that they wish to pursue a remedy independently in a separate procedure. The excluded persons may avail themselves of the judgment whereby the class action has been granted.
(2) A list of the excluded persons shall be attached to the judgment of the court.
(3) The judgment shall be subject to intermediate appellate review and cassation appellate review regardless of the prerequisites for cassation appealability covered under Article 280 (1) herein.
(4) A judgment on a class action may not be reversed under Article 304 herein.
Disposition of Compensation
Article 387. (1) The court may decree that the compensation be credited to an account of one of the persons who have brought the action, to a special account jointly disposable by the persons who have brought the action, or to a special account jointly disposable by the injured persons.
(2) After rendition of the judgment, the court may obligate the persons who have brought the action to transfer the compensation to a special account jointly disposable by the injured persons, taking adequate measures to secure the execution of this obligation.
Injured Persons' General Meeting and Committee
Article 388. (1) The first-instance court may convene a general meeting of the injured persons by publishing the notice in the form in which the bringing of the action has been published. The general meeting of the injured persons shall be presided over by the judge and may act if at least six injured persons present themselves.
(2) The general meeting of the injured persons shall elect a committee to dispose of the assets on the special account and may resolve on the acts which the said general meeting assigns the said committee to perform.


PART FOUR
PRECAUTIONARY PROCEEDINGS
Chapter Thirty-Four
GRANTING INJUNCTION

Injunction Securing Action Brought
Article 389. (1) During any stage of the proceeding prior to the conclusion of the trial in the intermediate appellate review proceeding, the plaintiff may approach the court where before the case is pending with a motion to grant an injunction securing the action brought.
(2) An injunction may be granted to secure all types of action.
Injunction Securing Future Action
Article 390. (1) Even before the action is brought, an injunction may be sought from the generically competent court exercising jurisdiction over the permanent address of the plaintiff or over the location of the immovable which is to serve as security.
(2) In the case referred to in Paragraph (1), the court shall set a time limit for bringing of the action which may not be longer than one month. Unless proof of bringing an action within the time limit set is presented, the court shall dissolve the injunction ex officio.
(3) The petition to grant an injunction securing a future action by means of a stay of enforcement shall be submitted to the generically competent court exercising jurisdiction over the place of the enforcement. A stay of enforcement shall be granted solely upon furnishing of security.
Prerequisites for Granting Injunction
Article 391. (1) An injunction securing the action shall be granted where, without such an injunction, it will be impossible or difficult for the plaintiff to realize the rights under the judgment and if:
1. the action is supported by convincing written evidence, or
2. a bond is furnished in an amount determined by the court according to Articles 180 and 181 of the Obligations and Contracts Act.
(2) The court may obligate the plaintiff the furnish a bond of money or property in an amount determined by the court even in the case referred to in Item 1 of Paragraph (1).
(3) The amount of the bond shall be determined on the basis of the amount of the direct and immediate damages which the respondent will incur if the injunction is unfounded.
(4) The State, the government institutions and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act shall be exempted from furnishing a bond.
(5) An injunction securing the action shall be granted even when the case is stayed.
Injunction Securing Action for Maintenance Obligations
Article 392. An injunction securing actions for maintenance obligations shall be granted even without compliance with the requirements of Article 391 herein. In such case, the court may alternatively take measures to secure the action ex officio.
Inadmissibility of Injunction
Article 393. (1) An injunction securing an action for a pecuniary receivable against the State, the government institutions and the medical-treatment facilities covered under Article 5 (1) of the Medical-Treatment Facilities Act shall not be granted.
(2) An injunction securing an action for a pecuniary receivable by means of garnishment of receivables where against coercive enforcement is inadmissible shall not be granted.
Partial Injunction
Article 394. The court may grant an injunction securing the full amount of the action or only such portions of the action as are supported by sufficient evidence.
Petition to Grant Injunction
Article 395. (1) The petition for an injunction shall specify the precautionary measure and the cost of the action. A transcript of the said petition shall not be served upon the opposing party.
(2) The petition shall be adjudicated in camera on the day on which the said petition is submitted.
(3) On the basis of the ruling whereby the petition is granted, the court shall issue an injunctive order. Where a bond has been set, the court shall issue an injunctive order after the said bond has been deposited.
Appellate Review
Article 396. (1) The ruling of the court on an injunction securing the action shall be appealable by an interlocutory appeal within one week which shall begin to run, in respect of the petitioner, as from the service of the said ruling and, in respect of the respondent, as from the day of service thereupon of a communication of the precautionary measure imposed by the enforcement agent, by the Recording Office or by the court in the cases referred to in Item 3 of Article 397 (1) herein.
(2) A transcript of the interlocutory appeal shall be served upon the opposing party for an answer within one week.
(3) The ruling whereby an injunction securing the action is granted may not be stayed by reason of being appealed by an interlocutory appeal.


Chapter Thirty-Five
PRECAUTIONARY MEASURES

Types of Measures
Article 397. (1) An injunction shall be effected:
1. by means of imposition of a preventive attachment of a corporeal immovable;
2. by means of garnishment of movable things and receivables of the debtor;
3. through other appropriate measures determined by the court, including through a suspension from operation of a motor vehicle and through a stay of enforcement.
(2) The court may grant several types of injunction up to the amount of the cost of action as defined in Article 69 (1) herein.
Replacement of Injunction
Article 398. (1) The court, acting on a motion by one of the parties, may, after notifying the other party and taking into account the oppositions thereof lodged within three days after the communication, grant the replacement of one type of injunction by another type.
(2) Where the injunction secures an action appraisable in money, the respondent may always replace the injunction as granted by the court by a pledge of money or of securities according to Articles 180 and 181 of the Obligations and Contracts Act without the consent of the other party. This shall not apply to any injunction securing actions for ownership.
(3) In the cases referred to in Paragraphs (1) and (2), the garnishment and preventive attachment shall be dissolved.
Consent Regarding Object of Injunction
Article 399. If the action is based on a contract which specifies the immovable which is to serve as security, the injunction shall be granted solely in respect of the said immovable, unless the said immovable is not available or has been encumbered, in the intervening time, by other charges which render the security insufficient.
Imposition of Precautionary Measure
Article 400. (1) Garnishment shall be imposed immediately by the enforcement agent on a motion by the petitioner on the basis of the injunctive order of the court according to Article 449 (1), Article 450 (1) and (2), Articles 507, 515, 516 and 517 herein, and a communication instead of a summons to voluntary compliance shall be served upon the respondent. In case of garnishment of a movable thing, the enforcement agent shall take an inventory, conduct an appraisal and deliver the thing for safekeeping according to Articles 465 to 472 herein.
(2) Preventive attachment shall be imposed by recording of the injunctive order of the court in the notarial books. The Recording Office shall notify the respondent of the recording effected.
Effect of Precautionary Measure
Article 401. A garnishment and a preventive attachment, imposed to secure an action, shall take the effect provided for in Articles 451 to 453, Article 456 (1), Articles 508, 509 and Articles 512 to 514 herein. The secured creditor may bring an action against the garnishee for the amounts or the corporeal things which the said garnishee refuses to surrender voluntarily. Articles 435 (4) and Article 440 herein shall apply to this case.
Dissolution of Injunction
Article 402. (1) Dissolution of the injunction shall be decreed on a petition by the interested party. A transcript of the petition shall be served upon the person on whose motion the injunction has been imposed. The said person may lodge oppositions within three days after receipt of the transcript.
(2) The court, sitting in camera, shall dissolve the injunction after satisfying itself that the reason for which the said injunction was granted no longer exists, or that the conditions referred to in Article 398 (2) herein apply. The ruling of the court shall be appealable by an interlocutory appeal.
(3) The lifting of the garnishment, the striking of the preventive attachment, as well as the dissolution of the other precautionary measures shall be effected on the basis of the effective ruling of the court.
Compensation for Damages
Article 403. (1) If the action for the securing of which the injunction has been granted is dismissed or if the said action is not brought within the time limit set to the plaintiff, or if the case is dismissed, the respondent may seek from the plaintiff recovery of the damages inflicted as a result of the injunction.
(2) In the cases referred to in Paragraph (1), for the release of the bond furnished, the interested party shall submit a petition with a transcript for the opposing party. Within one week after service of the petition, the respondent may lodge an opposition to the release of the bond and, within one month, to bring an action for the damages inflicted thereon. If the respondent fails to lodge an opposition and to bring such an action within the said time limits, the bond shall be released.


PART FIVE
ENFORCEMENT PROCEEDINGS
TITLE ONE
GENERAL DISPOSITIONS
Chapter Thirty-Six
ISSUING OF WRIT OF EXECUTION

Enforcement Title
Article 404. The following shall be subject to coercive enforcement:
1. the effective judgments and rulings of the court, the adverse judgments of the intermediate appellate review courts, the enforcement orders, the memoranda on court settlement, the judgments of enforcement and enforcement orders which are subject to or are admitted to anticipatory or immediate enforcement, as well as the awards of the arbitration courts and the settlements reached before such courts in the matter of arbitration cases;
2. the judgments, acts and memoranda on court settlement of the foreign courts which are enforceable within the territory of the Republic of Bulgaria without an express proceeding;
3. the judgments, acts and memoranda on court settlement of the foreign courts, as well as the awards of the foreign arbitration courts and the settlement reached before such courts in the matter of arbitration cases, which have been admitted to enforcement within the territory of the Republic of Bulgaria.
Proceeding for Issuing of Writ of Execution
Article 405. (1) A writ of execution shall be issued on a written petition on the basis of any of the acts specified in Article 404 herein. A transcript of the said petition shall not be served upon the debtor.
(2) A petition based on the acts covered under Item 1 of Article 404 herein shall be submitted to the first-instance court which has examined the case or to the court which has issued the enforcement order, and where the act is subject to immediate enforcement, any such petition shall be submitted to the court which has rendered the judgment of enforcement or has decreed the enforcement order.
(3) A petition based on the awards of the domestic arbitration courts and the settlements reached before such courts in the matter of arbitration cases shall be submitted to the Sofia City Court.
(4) The court competent to admit the enforcement shall issue a writ of execution on the basis of the acts covered under Items 2 and 3 of Article 404 herein. A writ of execution issued on the basis of the acts covered under Item 3 of Article 404 herein shall not be delivered to the creditor until the judgment admitting the enforcement enters into effect.
(5) In respect of any amounts awarded in favour of the State, the court shall issue a writ of execution ex officio.
(6) A petition based on the acts covered under Item 1 of Article 404 herein shall be examined in camera within seven days by a judge of the competent court.
Order to Issue Writ of Execution
Article 406. (1) A writ of execution shall be issued after the court verifies whether the act is prima facie conforming and whether the said act attests the receivable enforceable against the debtor.
(2) In the cases covered under Items 2 and 3 of Article 404 herein, the court shall furthermore verify whether the receivable is enforceable by the methods of the Bulgarian law. Where this is impossible, the court shall decree a substitute enforcement which can satisfy the creditor.
(3) The judge shall make a due note on the act regarding the issuing of the writ of execution.
(4) Articles 247, 250 and 251 herein shall apply, mutatis mutandis, in the proceeding for the issuing of a writ of execution.
Appellate Review of Order to Issue Writ of Execution
Article 407. (1) An order whereby a petition to issue a writ of execution is granted or refused in whole or in part shall be appealable by an interlocutory appeal within two weeks which shall begin to run, in respect of the petitioner, as from the service of the order and, in respect of the respondent, as from the service of the notice of voluntary compliance.
(2) The appellate review of the order whereby the petition is granted shall not stay the enforcement.
(3) Where the writ of execution has been issued under the terms established by Article 406 (2) herein, the order shall be appealable according to the standard procedure.
Original Writ of Execution
Article 408. (1) A writ of execution shall be issued in a single copy, signed by a judge of the competent court.
(2) Where several separate immovables have to be delivered or where the judgment has been rendered in favour of or adverse to several persons, separate writs of execution may be issued, specifying the part of the judgment which is enforceable under each writ.
Replacement Writ of Execution
Article 409. (1) If the original writ of execution is lost or destroyed, the court which has issued the said writ, acting on a written petition by the petitioner, shall issue a replacement of the said writ on the basis of the act under which the original was issued.
(2) The petition shall be examined in public session after a transcript of the said petition is served upon the execution debtor.
(3) Apart from the lack of conditions under Paragraph (1), the execution debtor may furthermore raise an opposition of redemption of the debt on the basis of circumstances which have intervened after the establishment of the existence of the said debt.
(4) The judgment rendered shall be appealable according to the standard procedure. After the judgment enters into effect, the execution debtor may not contest the existence of the debt on grounds which the said debtor could have raised in the proceeding for the issuing of the replacement.
(5) If the act itself has been lost or destroyed and the content thereof cannot be restored by means of official documents, the petitioner may bring an action for performance against the execution debtor.


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