Enforcement Order: Application for Issuing
Article 410. (1) The applicant may request the issuing of an enforcement order:
1. for pecuniary receivables or for fungible things, where the action is cognizable in the regional court;
2. for the delivery of a movable thing which the execution debtor has received with an obligation to return the said thing or which is encumbered by a pledge or has been transferred to the debtor with an obligation to surrender possession, where the action is cognizable in the regional court.
(2) The application shall contain a prayer to issue a writ of execution and must comply with the requirements covered under Article 127 (1) and (3) and Items 1 and 2 of Article 128 herein.
Enforcement Order: Issuing
Article 411. (1) The application shall be submitted to the regional court exercising jurisdiction over the permanent address or over the registered office of the execution debtor, or over the place of enforcement.
(2) The court shall examine the application in private deliberation and shall issue an enforcement order within three days, except where:
1. the prayer does not comply with the requirements covered under Article 410 herein;
2. the prayer conflicts with the law or with good morals;
3. the execution debtor does not have a permanent address or a registered office within the territory of the Republic of Bulgaria;
4. the execution debtor does not have a habitual residence or a place of business within the territory of the Republic of Bulgaria.
(3) Where the application is granted, the court shall issue an enforcement order, a transcript of which shall be served upon the execution debtor.
Enforcement Order: Content
Article 412. The enforcement order shall contain:
1. the indication "Enforcement Order";
2. date and place of rendition;
3. a reference to the court and the name of the judge who rendered the order;
4. the forenames, patronymics and surnames and addresses of the parties;
5. the case in the matter of which the order is issued;
6. the obligation wherewith the execution debtor must comply, and the costs which the execution debtor must pay;
7. an invitation to the execution debtor to comply within two weeks after service of the order;
8. an instruction to the effect that the enforcement order will be invalidated if an opposition is lodged within the same time limit;
9. an instruction to the effect that if the execution debtor fails to lodge oppositions to the issuer of the order or to comply, the enforcement order will enter into effect and coercive enforcement will be proceeded with;
10. the extent of appealability, before which court and within what time limit;
11. signature of the judge.
Appellate Review
Article 413. (1) The enforcement order shall be unappealable by the parties, except in the part regarding the costs.
(2) The order whereby the application is rejected in whole or in part shall be appealable by the applicant by an interlocutory appeal.
Opposition
Article 414. (1) The execution debtor may oppose in writing the enforcement order or a part thereof. Justification of the opposition shall not be required.
(2) An opposition shall be lodged within two weeks after service of the order, and the said time limit may not be extended.
Effect of Opposition
Article 415. (1) Where the opposition has been lodged in due time, the court shall instruct the applicant that the said applicant may bring an action regarding the receivable thereof within one month, depositing the balance of the stamp duty due.
(2) Where the applicant fails to present evidence that the said applicant has brought the action within the time limit set, the court shall invalidate the enforcement order in part or in whole, as well as the writ of execution issued under Article 418 herein.
Entry into Effect of Enforcement Order
Article 416. Where an opposition has not been lodged within due time or has been withdrawn, the enforcement order shall enter into effect. On the basis of the said order, the court shall issue a writ of execution and shall note this on the order.
Enforcement Order Based on Document
Article 417. Alternatively, the applicant may request the issuing of an enforcement order where the receivable, regardless of the amount thereof, is based upon:
1. an act of an administrative authority, where under the admission to enforcement is vested in the civil courts;
2. a document or an abstract of the books of account, whereby receivables of the government institutions, the municipalities and the banks are established;
3. a notarial act, a settlement or another contract bearing notarized signatures in respect of the obligations contained therein to pay sums of money or other fungible things, as well as obligations to deliver particular things;
4. an abstract of the registered pledges registry on a recorded security interest and on commencement of foreclosure: in respect of the delivery of pledged things;
5. an abstract of the registered pledges registry on a recording of a contract for sale with retention of title until payment of the purchase price or a lease contract: in respect of the return of corporeal things sold or leased;
6. a contract of pledge or a mortgage deed under Article 160 and Article 173 (3) of the Obligations and Contracts Act;
7. an effective act establishing a State or municipal receivable, where the enforcement of this act is effected according to the procedure established by this Code;
8. a deficit deed;
9. a promissory note, a bill or exchange or another negotiable security payable to order which is Equivalent thereto, as well as a bond or coupons attached thereto.
Immediate Enforcement
Article 418. (1) Where a document covered under Article 417 herein, whereupon the receivable is based, has been presented with the application, the creditor may approach the court with a motion to decree an immediate enforcement and to issue a writ of execution.
(2) The writ of execution shall be issued after the court verifies whether the document is prima facie conforming and whether the said document attest an obligation enforceable against the execution debtor. The court shall make a due note on the document presented and on the enforcement order regarding the issuing of the writ of execution.
(3) Where, according to the document presented, the exigibility of the receivable is contingent on the compliance with a cross-obligation or on the occurrence of another circumstance, the compliance with the said obligation or the occurrence of the said circumstance must be attested by an official document or by a document originating from the execution debtor.
(4) The order whereby the petition for the issuing of a writ of execution is refused in whole or in part shall be appealable by an interlocutory appeal within one week after communication of the said order.
(5) The enforcement order with the noting of the issuing of a writ of execution shall be served by the enforcement agent.
Immediate Enforcement Order: Appellate Review
Article 419. (1) The order whereby the petition for immediate enforcement is granted shall be appealable by an interlocutory appeal within two weeks after service of the enforcement order.
(2) The interlocutory appeal of the immediate enforcement order shall be submitted together with the opposition to the enforcement order as issued and may be founded only upon considerations derived from acts covered under Article 417 herein.
(3) The appellate review of the immediate enforcement order shall not stay the enforcement.
Stay of Enforcement
Article 420. (1) An opposition to the enforcement order shall not stay the coercive enforcement in the cases covered under Items 1 to 8 of Article 417 herein, except where the execution debtor furnishes due security to the creditor according to the procedure established by Articles 180 and 181 of the Obligations and Contracts Act.
(2) Where a motion for stay, supported by convincing written evidence, has been made within the time limit for opposition, the court which has decreed immediate enforcement may stay the said enforcement.
(3) The ruling on the motion for stay shall be appealable by an interlocutory appeal.
Partial Stay of Enforcement
Article 421. (1) Where there are multiple obligated persons, the security referred to in Article 420 (1) herein shall serve solely in respect of the person or persons for whom the said security has been furnished.
(2) Where the opposition refers only to part of the receivable, as well as where the security furnished is partial, the court shall stay the anticipatory enforcement solely for the relevant part of the receivable.
Action for Existence of Receivable
Article 422. (1) An action for the existence of a receivable shall be considered brought as from the time of submission of the application for issuing of an enforcement order, where the time limit referred to in Article 415 (1) herein has been complied with.
(2) The bringing of an action under Paragraph (1) shall not stay the immediate enforcement as admitted, except in the cases referred to in Article 420 herein.
(3) If the action is dismissed by an effective judgment, the enforcement shall terminate and sentence two of Article 245 (3) herein shall apply.
Reversal by Reason of Lack of Opportunity to Contest
Article 423. (1) Within one month after learning of the enforcement order, the execution debtor, who has been deprived of an opportunity to contest the receivable, may approach the intermediate appellate review court with a motion for reversal of the said order, where:
1. the enforcement order has not been duly served upon the said execution debtor;
2. the enforcement order has not been served upon the said execution debtor in person and on the day of the service the said execution debtor did not have a habitual residence within the territory of the Republic of Bulgaria;
3. the execution debtor was unable to learn of the service in due time owing to special unforeseen circumstances;
4. the execution debtor was unable to lodge the opposition thereof owing to special unforeseen circumstances which the said execution debtor was unable to overcome.
(2) The new examination of the case shall commence with an instruction under Article 415 (1) herein to the effect that the applicant may bring an action regarding the receivable thereof within one month, depositing the balance of stamp duty due.
Action to Contest Receivable
Article 424. (1) The execution debtor may contest the receivable according to an action procedure, where intervening, newly discovered circumstances or new written evidence of material relevance to the case are discovered, which could not have been known to the said execution debtor before expiry of the time limit for lodgment of the opposition or which the said execution debtor could not procure within the same time limit.
(2) The action may be brought within three months after the day on which the new circumstance became known to the execution debtor or after the day on which the execution debtor could procure the new written evidence, but not later than within one year after extinguishment of the receivable.
Standard Forms
Article 425. (1) The Minister of Justice shall issue an ordinance endorsing thereby standard forms of an enforcement order, an application for issuing of an enforcement order and the other papers in connection with the order for payment proceeding.
(2) Where the applicant has not used a standard form or has used a wrong standard form, the court shall attach the relevant standard form to the written instruction thereof for curing of the non-conformity.

Chapter Thirty-Eight
COMMENCEMENT, STAY AND TERMINATION OF ENFORCEMENT

Commencement of Enforcement
Article 426. (1) The enforcement agent shall proceed with enforcement on a petition by the interested party on the basis of a presented writ of execution or another enforceable act.
(2) In the petition thereof, the execution creditor shall specify the method of enforcement. The said creditor may specify several methods simultaneously. In the course of the proceeding, the said creditor may specify other methods of enforcement as well.
(3) The conformity of the petition referred to in Paragraph (1) shall be verified under Article 129 herein.
(4) The execution creditor may request that the enforcement agent enquire into the property status of the execution debtor, search records, and require abstracts of documents.
Territorial Competence
Article 427. (1) The petition for enforcement shall be submitted to the enforcement agent whose area of practice covers:
1. the location of the movable or immovable things where against the enforcement is levied;
2. the permanent address or the registered office of the garnishee, where the enforcement is levied against receivables of the execution debtor from the said garnishee;
3. the place of compliance with the obligations to act or not to act, where compliance with such obligations is sought;
4. the permanent or current address of the execution creditor or the execution debtor: at the choice of the execution creditor in respect of a receivable for maintenance.
(2) The execution creditor may request from the enforcement agent exercising competence over the permanent address thereof to impose a garnishment or preventive attachment on corporeal things and receivables of the execution debtor, even though the enforcement steps are subject to performance by another enforcement agent according to the rules of Paragraph (1). After imposition of the garnishment or preventive attachment, the enforcement agent shall transmit the enforcement case to the competent enforcement agent, who is to take an inventory and conduct a sale of the corporeal things.
(3) Where the enforcement is levied against pecuniary receivables of the execution debtor from a garnishee with a permanent address or registered office within another geographical jurisdiction, the enforcement case shall not be transmitted.
Notice of Voluntary Compliance
Article 428. (1) The enforcement agent shall be obligated to invite the execution debtor to comply voluntarily with the obligation thereof within two weeks. Where proceeding with enforcement on the basis of an enforcement order, the enforcement agent shall invite the execution debtor by the service of the said order, and where the order has been served upon the execution debtor, a new time limit for voluntary compliance therewith shall not be allowed.
(2) The notice shall contain the name and address of the execution creditor and a warning to the execution debtor that unless the said execution debtor complies with the obligation thereof within the time limit allowed thereto, coercive enforcement will be proceeded with. The notice shall communicate the garnishments and preventive attachments imposed. A duplicate copy of the enforceable act shall be attached to the notice of voluntary compliance.
(3) Should the execution debtor die after receiving a notice of voluntary compliance but before other enforcement steps have been performed, the enforcement agent, prior to proceeding with the steps thereof, shall transmit a new notice of voluntary compliance to the heirs.
(4) Where the enforcement agent replaces one method of enforcement by another method, the said agent shall transmit to the execution debtor communications of the garnishment and preventive attachment imposed.
Extent of Personal Applicability of Writ of Execution
Article 429. (1) The heirs of and singular successors to the execution creditor, as well as the surety and the solidary execution co-debtor who have paid the debt, may move for enforcement on the basis of the writ of execution issued in favour of the execution creditor. The succession or the payment by the surety or execution co-debtor, as the case may be, shall be established by written evidence.
(2) The writ of execution issued against the decedent may be enforced even against the property of the heirs of the said decedent, unless the said heirs establish that they have renounced the succession or have accepted the succession under an inventory. Where the heir has not accepted the succession, the enforcement agent shall set the time limit under Article 51 of the Succession Act, communicating the declaration of will of the heir to the competent regional judge for due recording of the said declaration.
(3) The writ of execution shall furthermore have effect against any third party who has pledged or mortgaged a corporeal thing of his or her own to secure the debt, where the execution creditor commences the enforcement against the said thing.
Execution Debtor's Ad Hoc Representative
Article 430. The regional court exercising jurisdiction over the place of enforcement, acting on a motion by the execution creditor, shall appoint an ad hoc representative of the execution debtor if, upon proceeding with enforcement, the execution debtor does not have a registered permanent or current address.
Enforcement Agent's Powers
Article 431. (1) The enforcement agent, if so required for the enforcement, may order any buildings of the execution debtor to be opened and may search the personal effects, dwelling unit and other premises of the execution debtor.
(2) The enforcement agent may request cooperation from the police authorities or from the mayor of the municipality, borough or mayoralty, who shall be obligated to cooperate therewith.
(3) The enforcement agent shall have right of access to information in the court and administrative services, including the authorities of the National Revenue Agency and the State Receivables Collection Agency, the local divisions of the National Social Security Institute, of the Central Depository, of the persons keeping a register of government securities, of the control authorities under the Road Traffic Act and of other persons who keep registers of property or possess data of the property thereof. The said agent may search records and obtain information on the execution debtor, as well as request duplicate copies and abstracts of documents.
(4) In the cases where the personal presence of the execution debtor is required and the execution debtor does not appear, even though the said execution debtor has received a summons to do so, the enforcement agent may order the police authorities to bring the execution debtor.
(5) Where necessary, the enforcement agent may ask the authorities of the Ministry of Interior to suspend from operation a motor vehicle where against enforcement is levied for a period of up to three months.
Stay of Enforcement
Article 432. The enforcement proceeding shall be stayed:
1. by the court, in the cases referred to in Article 245 (1) and (2), Article 309 (1), Item 3 of Article 397 (1), Articles 438 and 524 herein;
2. on a motion by the execution creditor;
3. in the cases referred to in Items 2 and 3 of Article 229 (1) herein, with the exception of the sale of a corporeal immovable which has already been advertised;
4. in the cases referred to in Article 282 (2) herein, as well as where the intermediate appellate review judgment appealed is reversed by the Supreme Court of Cassation;
5. in other cases provided for in a law.
Termination of Enforcement
Article 433. (1) The enforcement proceeding shall be terminated by decree where:
1. the execution debtor presents a receipt from the execution creditor, duly authenticated, or a receipt from the post office, or a letter from a bank showing that the amount under the writ of execution has been paid to or deposited with the execution creditor prior to the institution of the enforcement proceeding; if the execution debtor presents a receipt bearing an unauthenticated signature of the execution creditor, the said creditor, if a dispute with the debtor arises, shall be obligated to declare in writing that the receipt has not been issued thereby, or otherwise the said receipt shall be presumed genuine;
2. the execution creditor has moved for this in writing;
3. the writ of execution has been invalidated;
4. the act on the basis of which the writ of execution has been issued is vacated or the said act is pronounced forged by an effective judicial act;
5. the property cited by the execution creditor cannot be sold and other seizable property cannot be discovered;
6. the fees and costs related to the enforcement, due in advance have not been paid;
7. an effective judgment, whereby the action under Article 439 or 440 herein is granted, is presented;
8. the execution creditor fails to move for the performance of enforcement steps in the course of two years, with the exception of the suits for maintenance obligations.
(2) In all cases covered under Paragraph (1), the enforcement agent shall lift ex officio the garnishments and preventive attachments imposed after the decree on termination enters into effect.
(3) The termination of the proceeding shall not affect the rights which third parties have acquired before that on the basis of the enforcement steps, as well as the conformity of the payment effected by the garnishee to the enforcement agent.
Attestation of Enforcement Steps
Article 434. The enforcement agent shall draw up a memorandum on each step undertaken and performed thereby, stating therein the day and place of performance of the said step, the demands and statements made by the parties, the amount collected, and the costs related to the enforcement as incurred.

Chapter Thirty-Nine
REMEDIES AGAINST ENFORCEMENT
Section I
Appellate Review of Enforcement Agent's Steps

Appealable Steps
Article 435. (1) The execution creditor may appeal against the refusal of the enforcement agent to perform an enforcement step sought, as well as the stay and termination of the coercive enforcement.
(2) The execution debtor may appeal against the decree on a fine and the levy of the enforcement against any property which the execution debtor considers unseizable, the seizure of a movable thing or the eviction of the execution debtor from an immovable, by reason of not being duly notified of the enforcement.
(3) The decree on award shall be appealable solely by a person who deposited earnest money before the last day of the sale, and by an execution creditor who entered the sale as a bidder, as well as by the execution debtor, by reason of a failure to conduct due bidding at the public sale or of the property not being awarded to the highest bidder.
(4) A third party may appeal against the steps of the enforcement agent solely where the enforcement is levied against corporeal things which, on the day of the garnishment, preventive attachment or delivery, if a movable thing is concerned, were in the possession of the said person. Any such appeal shall not be granted if it is established that the corporeal thing was owned by the execution debtor upon imposition of the garnishment or preventive attachment.
(5) A coercive seizure of possession of a corporeal immovable shall be appealable solely by a third party who was in possession of the said immovable prior to the bringing of the action where under the judgment is enforced. If the said third party fails to appeal within the time limit for appellate review, the said third party may bring a possessory action.
Lodgment of Appeal
Article 436. (1) The appeal shall be lodged care of the enforcement agent with the district court exercising jurisdiction over the place of the enforcement within one week after performance of the step, if the party was present at the performance of the said step or if the party was summoned, and in the rest of the cases, within one week after the day of the communication. In respect of the third parties, the time limit shall begin to run as from learning of the step.
(2) A transcript of the appeal shall be served upon the other party, and where the appeal has been lodged by a third party, transcripts of the said appeal shall be served upon the execution debtor and upon the execution creditor on the petition whereof the enforcement case has been instituted.
(3) The party which has received a transcript of the appeal may lodge written oppositions within three days. After expiry of the said time limit, the enforcement agent shall transmit the appeal together with the oppositions, if any, and a duplicate copy of the enforcement case to the district court, setting forth reasoning on the steps appealed.
(4) The provisions of Articles 260, 261 and 262 herein shall apply, mutatis mutandis, in respect of the appeals.
Examination of Appeals
Article 437. (1) The appeals lodged by the parties shall be examined in camera, except where witnesses or expert witnesses must be heard.
(2) The appeals lodged by third parties shall be examined in public session, with the appellant, the execution debtor and the execution creditor on the petition whereof the enforcement case has been instituted being summoned.
(3) The court shall examine the appeal on the basis of the data in the enforcement case and the evidence presented by the parties.
(4) The court shall publish the judgment together with the reasoning thereof within one month after the receipt of the appeal in the court. The judgment shall be unappealable.
Stay of Enforcement upon Appellate Review
Article 438. The lodgment of the appeal shall not stay the enforcement steps, but the court may decree a stay. In such case, the court shall immediately transmit a transcript of the ruling on stay to the enforcement agent.

Section II
Remedy according to Action Procedure

Contestation of Receivable
Article 439. (1) The execution debtor may contest the enforcement through an action.
(2) The action of the execution debtor may be founded solely on facts which have occurred after conclusion of the trial in the proceeding where under the enforcement title has been issued.
Remedy of Third Party
Article 440. (1) Any third party whereof a right has been affected by the enforcement may bring an action for declaration that the property where against the enforcement for a pecuniary receivable is levied does not appertain to the execution debtor.
(2) Any such action shall be brought against the execution creditor and the execution debtor.
(3) The execution creditor shall be liable, under the terms established by Article 45 of the Obligations and Contracts Act, for any damages inflicted on third parties through levy of the enforcement against the property which appertains thereto.
Enforcement Agent's Liability for Damages
Article 441. The private enforcement agent shall be liable, under the terms established by Article 45 of the Obligations and Contracts Act, for any damages inflicted on the execution debtor as a result of legally non-conforming coercive enforcement. The State shall be liable for any such damages inflicted by the public enforcement agent.

TITLE TWO
ENFORCEMENT OF PECUNIARY RECEIVABLES
Chapter Forty
GENERAL RULES

Subject of Enforcement
Article 442. The execution creditor may levy the enforcement against any corporeal thing or receivable owned by the execution debtor.
Replacement of Subject and Method of Enforcement
Article 443. The execution debtor may propose that the enforcement be levied against another corporeal thing or receivable or be performed solely by some of the methods of enforcement demanded by the execution creditor. If the enforcement agent determines that the method of enforcement proposed by the execution debtor is in a position to satisfy the execution creditor, the enforcement agent shall levy the enforcement against the corporeal thing or receivable named by the execution debtor.
Unseizable Corporeal Things
Article 444. Enforcement may not be levied against the following corporeal things owned by any execution debtor who is a natural person:
1. corporeal things for habitual use of the execution debtor and the family thereof, specified in a list adopted by the Council of Ministers;
2. the food which the execution debtor and the family thereof need for one month and, applicable to farmers, until the next harvest, or the equivalent thereof in other agricultural produce if such food is not available;
3. the heating, cooking and lighting fuel needed for three months;
4. the machinery, tools, devices and books which the execution debtor needs in his or her personal capacity where the said debtor practises a liberal profession or which an artisan needs for the practice of the skilled craft thereof;
5. the land tracts owned by the execution debtor where the said debtor is a farmer: orchards and vineyards of an aggregate surface area not exceeding 0.5 hectares, or cropland and meadows of a surface area not exceeding 3 hectares, and the machinery and implements needed for the farming, as well as the fertilizers, the plant protection products and sowing seed: for one year;
6. the necessary two head of draught animals, one cow, five sheep or goats, ten beehives and the domestic fowl, as well as the feed needed for the sustenance thereof until the next harvest or until the animals are turned out to graze;
7. the dwelling unit owned by the execution debtor, if the said debtor and any of the family members thereof wherewith the said debtor lives together have no other dwelling unit, regardless of whether the execution debtor resides therein; if the dwelling unit exceeds the housing needs of the execution debtor and the family members thereof specified by an ordinance of the Council of Ministers, the part of the said dwelling unit in excess of the said needs shall be sold if the conditions under Article 39 (2) of the Ownership Act apply;
8. the corporeal things and receivables provided for in another law as not subject to coercive enforcement.
Non-applicability of Unseizability
Article 445. (1) Execution debtors may not avail themselves of the prohibitions covered under Article 444 herein in respect of any corporeal things which are pledged or mortgaged, where the pledgee or the mortgagee is an execution creditor.
(2) The following may not avail themselves of the prohibitions referred to in Item 5 and 7 of Article 444 herein:
1. any debtors on obligations for maintenance, for damages sustained as a result of a tort or delict, or for defalcation;
2. any debtors in respect of cases provided for by a law.
Unseizable Income
Article 446. (1) If the enforcement is levied against a labour remuneration or against another remuneration for work, as well as against a pension to an amount exceeding the minimum wage, the following may be withheld if the execution debtor has a monthly income:
1. up to the amount of the minimum wage: the excess over the guaranteed minimum income, if the debtor has no children, and one-half of the said excess, if the debtor has children whom the said debtor maintains;
2. in excess of the minimum wage: the double amount of the tax due under the Income Taxes on Natural Persons Act, if the debtor has no children, and the amount of the tax due under the Income Taxes on Natural Persons Act, if the debtor has children whom the said debtor maintains.
(2) The limitations covered under Paragraph (1) shall not apply to any maintenance obligations. In such cases, the amount for maintenance as awarded shall be withheld in whole, and the deductions covered under Paragraph (1) for the other obligations of the party found against and for maintenance obligations for a past period shall be made on the balance of all income accruing to the said debtor.
(3) Coercive enforcement against receivables for maintenance shall not be admitted. Coercive enforcement against student grants shall be admitted solely in respect of maintenance obligations.
Invalidity of Waiver of Remedy
Article 447. Any waiver by the execution debtor of the remedy under Articles 444 and 446 herein shall be invalid.
Obligation to Declare Property and Income
Article 448. (1) If any seizable property whereof the sale would cover the costs of the enforcement is not found in the possession of the execution debtor, the said debtor shall be obligated to appear before the regional judge and to declare, on pain of criminal liability, the entire property and all income thereof. The lack of sufficient property shall be established by memorandum.
(2) The regional judge, acting on a motion by the enforcement agent, shall schedule a hearing for the appearance of the execution debtor and the execution creditor.
(3) If the execution debtor fails to appear, the court shall decree that the attendance of the said debtor be compelled.
(4) If the execution debtor fails to present a declaration, the said debtor shall be liable as for the presentation of a false declaration. The obligation to appear and to present a declaration and the liability for non-compliance with the said obligations shall be stated in the summons to the execution debtor.
Moves Simultaneous with Notice of Voluntary Compliance
Article 449. (1) Where the enforcement is levied against a movable or immovable thing, the notice of voluntary compliance shall furthermore specify the day whereon the inventory will be taken. The said inventory may also be taken within the time limit for voluntary compliance.
(2) Where the enforcement is levied against an immovable simultaneously with the dispatch of the notice of voluntary compliance wherein the immovable is specified, the enforcement agent shall dispatch a letter to the Recording Office for recording of a preventive attachment of the said immovable.
Garnishment of Movable Thing or Receivable
Article 450. (1) A movable thing shall be garnished by means of taking an inventory of the said thing by the enforcement agent.
(2) A movable thing or a receivable of the execution debtor may alternatively be garnished by the receipt of the communication of the inventory or the garnishment if the said communication specifies exactly the thing or the receivable where against the enforcement is levied.
(3) The garnishment of the receivable of the execution debtor shall be considered imposed in respect of the garnishee as from the day on which the garnishment communication is served upon the said garnishee according to Article 507 herein.
Effect of Garnishment and of Preventive Attachment in Respect of
Execution Debtor
Article 451. (1) As from the time of imposition of the garnishment, the execution debtor shall forfeit the right to dispose of the receivable or of the corporeal thing and may not, on pain of criminal liability, modify, damage or destroy the corporeal thing.
(2) The consequences under Paragraph (1) shall occur in respect of the execution debtor as from the receipt of the notice of voluntary compliance, where the enforcement is levied against a movable or immovable thing and the said thing is specified in the notice.
Effect of Garnishment and of Preventive Attachment in Respect of
Execution Creditor
Article 452. (1) Any dispositions of the garnished corporeal thing or receivable performed by the execution debtor after the garnishment shall be invalid in respect of the execution creditor and the joint creditors, unless the third-party transferee can invoke Article 78 of the Ownership Act.
(2) Where the enforcement is levied against an immovable, the invalidity shall have effect solely in respect of the dispositions performed after the recording of the preventive attachment.
(3) The execution creditor and the joint creditors may demand payment from the garnishee despite the payment which the said garnishee has made to the execution debtor after the garnishment communication was served upon the said garnishee. The members of the management bodies of the garnishee shall incur solidary liability with the said garnishee.
Inopposability of Unrecorded Instruments
Article 453. The following may not be opposed to the execution creditor and to the joint creditors:
1. the transfer and creation of any rights in rem which were not recorded prior to the preventive attachment;
2. the recordable judgments on any statements of action which were not recorded prior to the preventive attachment;
3. the transfer of any receivable communicated after the garnishee received the garnishment communication;
4. the alienation of any movable things whereof the possession was not delivered to the transferee prior to the imposition of the garnishment, unless there is a document about the alienation of the said things validly pre-dating the said imposition.
Stay of Enforcement on Execution Debtor's Motion
Article 454. (1) The enforcement agent shall stay the enforcement if, until the delivery of the movable thing to a retail establishment or a commodity exchange or, respectively, until the commencement of the open-outcry auction and, applicable to the public sale of an immovable, before expiry of the time limit for submission of written bids, the natural-person execution debtor deposits 30 per cent of the receivables under the writs of execution presented there against and undertakes in writing to deposit to the enforcement agent 10 per cent of the said receivables monthly.
(2) If the execution debtor fails to pay any of the instalments under Paragraph (1), the enforcement agent, acting on a motion by any of the execution creditors, shall proceed with the enforcement without the execution debtor being able to seek a new stay.
(3) Paragraph (1) shall not apply where a pledged or mortgaged corporeal thing or a corporeal thing incorporated into the commercial enterprise of the sole trader is being sold.
Proceeds of Enforcement
Article 455. (1) All amounts accruing under the enforcement case from the execution debtor, from the garnishee, from bidders and buyers in the sale, as well as from the retail establishments or commodity exchanges which have conducted the sale of movable things, shall be credited to the account of the enforcement agent.
(2) Payment of the amounts due to the execution creditor and to the joint creditors shall be effected on the basis of payment orders issued by the enforcement agent, who shall note the redemption on the writ of execution.
(3) Where the execution creditor and the execution debtor have not named an account for transfer of the amounts accruing, the said amounts shall remain on the account of the enforcement agent until claimed.

Chapter Forty-One
JOINING CREDITORS AND DISTRIBUTION OF AMOUNTS COLLECTED

Joining Creditors
Article 456. (1) During any stage of the enforcement, while the distribution has not been prepared, other creditors of the same execution debtor may join the proceeding.
(2) Joining under Paragraph (1) shall be effected by a written motion whereto the creditor shall attach the writ of execution held thereby or a certificate issued by the enforcement agent to the effect that the said writ is filed with another enforcement case.
(3) The certificate shall indicate the unsatisfied balance of the receivable, including principal, interest and costs, and the day at which the said balance is determined. In such case, the distributable amount shall be transferred to the account of the enforcement agent who has issued the certificate and who shall note the redemption on the writ of execution.
Consequences of Joining
Article 457. (1) The joint execution creditor shall enjoy the same rights in the enforcement proceeding as the rights enjoyed by the original execution creditor.
(2) The enforcement steps performed prior to the joining shall benefit the joint execution creditor as well.
(3) The communications and summonses shall be addressed solely to the original execution creditor.
(4) If a third party brings an action or lodges an appeal against the enforcement steps, the original execution creditor shall be summoned as a party. The joint execution creditors may intervene in the case as co-parties. The judgment issued shall have effect in respect of the joint execution creditors as well, even if the said creditors have not intervened in the case.
Joining of the State
Article 458. The State shall be considered a priori a joint execution creditor in respect of the public and other receivables due thereto by the execution debtor, whereof the amount has been communicated to the enforcement agent prior to the effecting of the distribution. To this end, the enforcement agent shall dispatch a communication to the State Receivables Collection Agency and the National Revenue Agency regarding each enforcement commenced by the said agent and regarding each distribution.
Joining of Secured Creditor
Article 459. (1) Any creditor in favour of whom an injunction by means of imposition of a garnishment or preventive attachment has been granted shall be considered joint execution creditor where the enforcement is levied against the subject of the injunction. The amount appertaining to the secured creditor shall be preserved on the account of the enforcement agent and shall be delivered to the said creditor after the said creditor presents a writ of execution. The said amount shall be distributed among the rest of the execution creditors or shall be restored to the execution debtor if the injunction is dissolved.
(2) Paragraph (1) shall furthermore apply to any mortgagee and pledgee, as well as to any creditor enjoying a right of retention.
Distribution
Article 460. If the amount collected under the enforcement case is insufficient to satisfy all execution creditors, the enforcement agent shall effect a distribution, allocating first amounts for payment of the receivables which enjoy a right to preferred satisfaction. The balance shall be distributed among the other receivables on a pro rata basis.
Offsetting Amounts under Distribution
Article 461. The execution creditor who has been awarded the corporeal thing may set off such portion of the receivable thereof against the amount due for the value of the said thing as appertains to the said creditor on a pro rata basis.
Presentment of Distribution
Article 462. (1) The enforcement agent shall present the distribution to the execution debtor and to all execution creditors, who shall be summoned to this end on a day assigned by the enforcement agent.
(2) Unless an appeal is lodged within three days after the presentment of the distribution, the said distribution shall be considered final and the enforcement agent shall deliver the amounts under the distribution.
Judgment on Distribution
Article 463. (1) In case the distribution is appealed, the case, together with the appeal, shall be transmitted to the district court, which shall examine the said appeal according to the procedure established by Article 278 herein.
(2) The judgment of the district court on the distribution shall be appealable before the appellate court. The examination of the appeal shall follow the procedure established by Article 274 herein. The judgment of the appellate court shall be unappealable.
Contestation of Joint Creditor's Receivable
Article 464. (1) Where one of the execution creditors contests the existence of the receivable of another creditor, the former must bring an action against the latter and the execution debtor. The bringing of the action shall stay the delivery of the amount allocated to the creditor holding the contested receivable. Unless such action is brought within one month after the distribution, the amount shall be delivered to the execution creditor.
(2) The action may alternatively be based on facts pre-dating the conclusion of the trial in the proceeding under which the enforcement title has been issued.

Chapter Forty-Two
ENFORCEMENT AGAINST CORPOREAL THINGS
Section I
Inventory, Appraisal and Delivery for Safekeeping

Inventory of Movable Thing
Article 465. The enforcement agent shall take an inventory of the corporeal thing specified by the execution creditor solely if the said thing is in the possession of the execution debtor, except where it is evident from the circumstances that the said thing appertains to another person.
Inventory of Growing Crops and Fruits
Article 466. Coercive enforcement may be levied even against growing crops and fruits, an inventory of which shall be taken not earlier than two months prior to the customary time for the harvesting thereof.
Inventory of Movable Thing: Content
Article 467. (1) The inventory must contain:
1. a reference to the writ of execution;
2. the place where the inventory is taken;
3. a detailed description of the corporeal thing;
4. the price at which the corporeal thing is to be sold at a retail establishment;
5. the oppositions by the parties, if any, and any rights to the inventoried corporeal thing declared by third parties.
(2) It must be noted in the inventory whether the corporeal things where against coercive enforcement is not admitted have been left with the execution debtor.
(3) The inventory shall furthermore specify the place and time of the sale of the corporeal thing, should the execution creditor so request. In such case, the execution debtor shall be considered notified of the sale regardless of whether the said debtor was present when the inventory was taken.
(4) The inventory shall be signed by the enforcement agent. The inventory shall not be communicated to the parties.
Fixing Price of Movable Thing
Article 468. (1) The enforcement agent shall fix the price at which the movable thing is to be sold at a retail establishment. The starting bid for bidding at the open-outcry auction or for the public sale shall be 50 per cent of the selling price at a retail establishment.
(2) Where necessary, an expert may be appointed to determine the condition of the corporeal thing. The said expert may alternatively give the conclusion thereof orally, which shall be recorded in the memorandum.
Delivery to Execution Debtor for Safekeeping
Article 469. The inventoried movable thing may be delivered to the execution debtor for safekeeping, unless removed for sale at a retail establishment. In such case, the execution creditor may use the said thing solely if this does not diminish the value thereof.
Safekeeping of Inventoried Corporeal Thing
Article 470. (1) If the execution debtor refuses to accept the corporeal thing for safekeeping or if the enforcement agent determines that the said thing must not be left with the said debtor, the corporeal thing shall be seized by the enforcement agent and shall be given for safekeeping to the execution creditor or to a keeper appointed by the enforcement agent.
(2) The keeper shall be selected in consideration of the person thereof, as well as of the nature of the corporeal thing, and of the place where the said thing is situated or will be stored.
(3) The corporeal thing shall be delivered for safekeeping against signed acknowledgment.
Keeper's Obligations
Article 471. (1) The keeper shall be obligated to keep the corporeal thing acting as a prudent administrator and to give account for the revenue accruing from the said thing and for the expenses incurred on the safekeeping of the said thing.
(2) If the keeper fails to comply with the obligations thereof under Paragraph (1), the enforcement agent may deliver the corporeal thing for safekeeping to another person.
Remuneration of Expert and Keeper
Article 472. The enforcement agent shall fix a remuneration due to the expert and to the keeper, where a third party, which shall be deposited by the execution creditor in advance. If any costs have to be incurred as well on the removal or safekeeping of the corporeal thing, the said costs shall be deposited by the execution creditor in advance.

Section II
Sale of Movable Things

Competition upon Levy of Another Enforcement
Article 473. (1) The sale of a garnished corporeal thing shall be conducted by the enforcement agent who has taken an inventory of the said thing.
(2) If another enforcement is levied against the inventoried corporeal thing, the subsequent execution creditor may approach the regional court with a motion to authorize the conduct of a sale for enforcement of the receivable of the said creditor. An authorization shall be granted if a memorandum referred to in Article 477 (3) herein is not registered at the regional court after the lapse of one month since the levy of the enforcement.
(3) The movable thing as inventoried shall be seized for enforcement on the basis of the authorization referred to in Paragraph (2).
Sale of Movable Thing
Article 474. (1) The sale of a movable thing shall be conducted through a retail establishment or a commodity exchange, at open-outcry auction, or according to the procedure applicable to the public sale of an immovable.
(2) The execution debtor may agree that the corporeal thing be sold at the price as fixed by the enforcement agent at a retail establishment of the private enforcement agent or at a retail establishment named thereby, presenting the written consent for acceptance of the said thing for sale at the retail establishment.
(3) If the corporeal thing can be sold on a commodity exchange, the execution creditor or the execution debtor may name a commodity exchange, presenting the written consent for acceptance of the said thing for sale by the exchange.
(4) The delivery of the corporeal thing shall be attested by a memorandum signed by the enforcement agent and by the manager of the commodity exchange or retail establishment. The retail establishment or the commodity exchange, as the case may be, shall receive a commission for the sale effected to the amount of 15 per cent of the selling price, which shall be withheld upon depositing of the proceeds.
(5) Any corporeal things of a value appraised in excess of BGN 5,000, any motor vehicles, any ships and aircraft shall be sold by the enforcement agent according to the procedure applicable to the public sale of an immovable as established by this Code. Any such sale shall be advertised according to the procedure established by Article 477 (3) herein. The enforcement agent shall deliver possession of the corporeal thing after payment of the price. The rules of Articles 482 and 521 herein shall apply in this proceeding.
Sale of Perishable Things
Article 475. Any corporeal things that are perishable and whose preservation requires substantial costs or special conditions shall be sold not later than one week after the inventory is taken.
Sale of Growing Crops and Fruits
Article 476. Any growing crops and fruits shall be sold by the enforcement agent according to the procedure applicable to the public sale of an immovable established by this Code. Any such sale must be conducted not earlier than one week prior to the customary time for the harvesting of the said crops and fruits.
Sale at Retail Establishment
Article 477. (1) The corporeal thing shall be removed to the retail establishment by the execution debtor.
(2) The execution debtor shall present to the enforcement agent a receipt attesting the delivery of the corporeal thing at the retail establishment.
(3) The enforcement agent shall advertise the sale of the corporeal thing by means of notices which shall be posted in the places designated for this purpose at the regional court, at the office of the enforcement agent, and at the local municipality or mayoralty. The memorandum on the posting of the said notices shall be registered at the regional court.
Sale on Site
Article 478. Where removal of the corporeal thing to a retail establishment is inconvenient in respect of the sale of the said thing, the enforcement agent shall post a notice in a conspicuous place at the retail establishment and shall afford an opportunity to those wishing to view the corporeal thing in the place where the said thing is situated. The sale shall be advertised according to the procedure established by Article 477 (3) herein.
Payment of Price
Article 479. The sale at a retail establishment shall be conducted at the price fixed. The corporeal thing shall be delivered to the buyer after payment of the price. If the corporeal thing sells at a price lower than the price fixed or is delivered to the seller prior to payment of the price, the enforcement agent shall collect the selling price from the seller.
New Sale
Article 480. If the corporeal thing is not sold within three months after the delivery of the said thing to a retail establishment or after the sale is advertised according to the procedure established by Article 478 herein, the said thing shall be sold at open-outcry auction.
Sale at Open-Outcry Auction
Article 481. (1) The enforcement agent shall conduct the sale at open-outcry auction at the assigned time in front of the building where the inventoried corporeal things are kept or in another place appointed by mutual consent of the parties. Should no consent be reached, the sale shall be conducted in a place assigned by the enforcement agent, and shall be scheduled to a date within one to three weeks after the inventory is taken.
(2) The sale shall not be scheduled and the corporeal things as inventoried shall be released if the enforcement creditor fails to deposit the costs of conduct of the said sale within one week after the inventory is taken.
(3) On the day of the sale, the enforcement agent shall draw up a memorandum, stating therein the day and the manner of advertisement and notification of the parties.
(4) The auction shall commence at the time assigned and shall end after the last thing inventoried is offered.
(5) No earnest money shall be deposited for entry in the auction.
(6) If no bidders present themselves within one hour after the assigned time, the enforcement agent shall offer the corporeal things for sale in succession in an order at his or her own discretion.
(7) Each separate corporeal thing shall be offered orally by the enforcement agent at the starting bid as fixed for the auction. The price shall be announced thrice.
(8) If any of the bidders signals that he or she accepts the price, the enforcement agent shall offer the corporeal thing at a higher price. If the higher price is accepted by any of the bidders, the enforcement agent shall offer an even higher price.
(9) If the highest price offered is not accepted even after the third announcement, the enforcement agent shall declare that the corporeal thing has been purchased by the bidder who was the first to accept the lower price announced, shall record the price in the memorandum, and shall deliver the corporeal thing to the bidder against payment in cash. If the purchaser declared by the enforcement agent fails to pay the accepted price in cash immediately, the enforcement agent shall exclude the said bidder from further bidding in the auction.
(10) If bidders do not present themselves or if the starting bid is not accepted even after the third announcement, the enforcement agent shall declare the sale uneffected, shall release the corporeal thing, and shall deliver the said thing to the execution debtor. If the execution debtor is not present, the corporeal thing shall be delivered to the keeper, and if the corporeal thing has not been delivered for safekeeping, the said thing shall be left in the place of the sale at the disposal of the execution debtor.
Stability of Sale
Article 482. (1) Once conducted, the sale may not be appealed or contested according to an action procedure.
(2) Ownership of the corporeal thing shall pass to the purchaser of the said thing regardless of whether the said thing appertained to the execution debtor.
(3) The previous owner shall be entitled to receive the price if the said price was not paid under the distribution. If the said price was paid, the said owner shall be entitled to recover from the execution creditors and from the execution debtor what they received under the distribution.
(4) If the execution creditor acts in bad faith, the said creditor shall be liable to the owner for the damages inflicted thereon. In all cases, the costs of the enforcement shall be borne by the execution creditor.

Chapter Forty-Three
ENFORCEMENT AGAINST IMMOVABLE THINGS

Inventory of Immovable
Article 483. The enforcement agent shall take an inventory of the immovable specified by the enforcement creditor after satisfying himself or herself that the said immovable was owned by the execution debtor at the day of imposition of the preventive attachment. The verification of ownership shall be performed by means of a search of the tax or notarial books or in another manner, including an examination of neighbours. Where reliable data on the ownership are not available, possession at the day of the preventive attachment shall be taken into account.
Inventory: Content
Article 484. (1) The inventory shall contain:
1. a reference to the writ of execution;
2. the place where the inventory is taken;
3. the location, the boundaries of the immovable, and any mortgages and preventive attachments imposed thereon, as well as any taxes due;
4. the starting bid for the bidding;
5. the oppositions by the parties, if any, and any rights to the corporeal thing inventories as declared by third parties.
(2) The enforcement agent shall request information on the charges from the National Revenue Agency territorial directorate and from the Recording Offices simultaneously with the motion for recording of the preventive attachment.
(3) The inventory shall furthermore specify the place and time of the sale of the corporeal thing, should the execution creditor so request. In such case, the execution debtor shall be considered notified of the sale regardless of whether the said debtor was present when the inventory was taken.
(4) The inventory shall be signed by the enforcement agent. The inventory shall not be communicated to the parties.
Fixing Starting Bid for Public Sale
Article 485. The enforcement agent shall fix the starting bid for the bidding, with Article 468 herein being applied, mutatis mutandis.
Keeping of Corporeal Immovable
Article 486. (1) The immovable shall be left in the possession of the execution debtor until conduct of the sale. The execution debtor must manage the immovable acting as a prudent administrator. The said debtor shall receive the immovable according to the inventory and shall be obligated to deliver the said immovable in the same condition as accepted thereby.
(2) If the execution debtor fails to manage the immovable properly or obstructs the viewing by third parties, the enforcement agent shall deliver the management to another person.
Advertisement of Sale
Article 487. (1) Upon the lapse of one week since the inventory was taken, the enforcement agent shall be obligated to draw up a notice of the sale, stating therein the owner of the immovable, a description of the immovable, whether the immovable is mortgaged and for what amount, the starting bid for the sale, and the place and the day on which the sale will commence and will end.
(2) The notice referred to in Paragraph (1) shall be posted in the places designated for this purpose at the office of the private enforcement agent, at the building of the regional court, in the municipality or mayoralty exercising competence over the location of the immovable, as well as in the immovable itself, and then at least one day prior to the day stated in the notice for commencement of the sale.
(3) On the day referred to in Paragraph (2), the enforcement agent shall draw up a memorandum, stating therein the day of advertising of the notice. The said memorandum shall be registered at the regional court.
(4) The enforcement agent shall determine the period of time during which persons who wish to purchase the immovable may view the said immovable.
Place of Sale
Article 488. (1) The sale shall be conducted at the building of the regional court. The said sale shall continue for one month and shall end on the day stated in the notice.
(2) The papers on the sale shall be kept at the office of the regional court at the disposal of any person interested in the immovable.
Bids
Article 489. (1) Earnest money for entry in the bidding, amounting to 10 per cent of the starting bid, shall be deposited in an account of the enforcement agent. The execution creditor shall not deposit earnest money if the receivable thereof exceeds the amount of the said earnest money.
(2) Each bidder shall state the price offered thereby in figures and in words and shall submit the bid thereof, together with the receipt of deposit of the earnest money, in a sealed envelope. Each bidder may make multiple bids. Each bid shall be made separately.
(3) The execution creditor shall not deposit earnest money for each bid if the receivable thereof exceeds the amount of the sum total of the requisite amounts of earnest money according to the number of the bids made.
(4) The bids shall be submitted at the office of the regional court, and any such submission shall be recorded in the incoming register.
(5) The sale shall end at the end of normal business hours on the last day.
(6) Any bids by any persons who are disqualified from entering the public sale, as well as any price offers below the starting bids, shall be invalid.
Persons Disqualified from Bidding
Article 490. (1) The execution debtor, the legal representative thereof, the officials of the office of the regional court, the employees of the enforcement agent, as well as the persons specified in Article 185 of the Obligations and Contracts Act, shall not have the right to enter the bidding.
(2) Where the immovable has been purchased by a person disqualified from bidding, the sale shall be invalid.
(3) In the case referred to in Paragraph (2), the amount deposited by the purchaser shall be retained for satisfaction of the receivables under the enforcement case, and the immovable may be offered for sale again on a motion by any of the execution creditors.
Non-conduct of Sale upon Payment of Debt
Article 491. If the execution debtor deposits everything due under the writs of execution presented there against and the costs of the enforcement case before expiry of the time limit for submission of the written bids, the sale shall not be conducted.
Declaration of Purchaser
Article 492. (1) At the commencement of normal business hours on the day after expiry of the time limit for submission of written bids, in the assigned place at the building of the regional court, the enforcement agent, in the presence of the bidders who have presented themselves, shall declare the bids as submitted and shall draw up a memorandum on the said declaration. The bidders and the bids shall be entered in the said memorandum in the order of opening of the envelopes. The bidder who has offered the highest price shall be considered purchaser of the immovable. If the highest price has been offered by more than one bidder, the purchaser shall be determined by the drawing of lots in the presence of the bidders who have appeared. The declaration of the purchaser shall be effected by the enforcement agent in the memorandum which shall be signed thereby.
(2) If, upon declaration of the purchaser, any of the bidders who have appeared offers orally a price higher by one amount of earnest money, the enforcement agent shall record the bid in the memorandum and, after the bidder signs the said memorandum, the enforcement agent shall ask thrice whether anybody wishes to offer a price higher by one more amount of earnest money. If such a bid is submitted, it shall be recorded in the memorandum and the bidder shall sign the said memorandum. After the bids are exhausted, the bidder who has offered the highest price shall be declared purchaser of the immovable.
(3) The purchaser shall be obligated to deposit the price offered thereby, deducting the earnest money deposited, within one week after the end of the sale.
Next Purchaser
Article 493. If the price is not deposited within the time limit referred to in Article 492 (3) herein:
1. the earnest money deposited by the bidder shall serve for satisfaction of the execution creditors;
2. the enforcement agent shall invite the bidder, who offered the next highest price and has not withdrawn the earnest money thereof, to purchase the immovable; if the said bidder agrees, the said bidder shall be declared purchaser of the immovable; if the said bidder declines or fails to deposit the price within one week after being declared purchaser, the enforcement agent shall offer the immovable to the next bidder in the order of the prices offered and shall do so until exhausting all bidders who have offered a price equal to the starting bid; any bidder, who has agreed to purchase the immovable and who fails to deposit the price offered in due time, shall be liable under Item 1.
New Sale
Article 494. (1) If bidders have not appeared or if no valid bids have been made, or if the purchaser has failed to deposit the price and the immovable has not been awarded according to the procedure established by Item 2 of Article 493 herein, the execution creditor shall have the right to move, within one week after the communication, for the conduct of a new sale.
(2) The new sale shall be conducted according to the rules applicable to the first sale. The said sale shall commence not earlier than one month after the end of the first sale at a starting bid equal to 80 per cent of the starting bid for the first sale. If the immovable is not sold even at that sale and the fixing of a new starting bid is not moved for within one week, the immovable shall be released from enforcement and the preventive detachment shall be expunged on a motion by the enforcement agent.
Payment of Price by Enforcement Creditor
Article 495. The execution creditor, who has been declared purchaser of an immovable, shall be obligated, within one week after the distribution, to deposit the amount required for payment of the proportionate parts of the receivables of the other execution creditors, or the amount whereby the price exceeds the receivable of the said creditor where there are no other execution creditors. If the execution creditor fails to deposit the said amount, the said execution creditor shall be liable for the damages and for the costs of the sale, and Article 494 (2) herein shall apply in respect of the immovable.
Award Decree
Article 496. (1) Where the person who has been declared purchaser according to the procedure established by Articles 492 to 494 herein deposits the amount due in due time, the enforcement agent shall award the immovable thereto by a decree.
(2) As from the day of the award decree, the purchaser shall acquire all rights to the immovable which the execution debtor enjoyed. The rights to the immovable which any third parties have acquired shall be inopposable to the purchaser if the said rights are inopposable to the execution creditors.
(3) Unless the award is appealed, the validity of the sale shall be contestable solely upon breach of Article 490 herein and upon non-payment of the price. In the latter case, the purchaser may avert the granting of the action if the said purchaser deposits the amount due with interest accruing since the day when the said purchaser was declared purchaser.
Advertisement of New Sale
Article 497. If the award decree is vacated or if the sale is declared invalid under Article 496 (3) herein, the new sale shall be conducted after new advertising.
Delivery of Possession to Purchaser
Article 498. (1) Possession of the immovable shall be delivered to the purchaser by the enforcement agent on the basis of the effective award decree. The purchaser shall present certificates of fees paid on the transfer of the immovable and on recording of the award decree.
(2) The coercive seizure of possession shall be executed against any person who is in possession of the immovable. The only remedy available to such a person shall be an action for ownership.
Recovery upon Judicial Eviction
Article 499. (1) If it is established by an effective judgment that the execution debtor did not own the immovable sold, the purchaser may seek recovery of the price deposited thereby, if the said price has not yet been paid out to the execution creditors, or if the said price has been paid out, the said purchaser may seek recovery from each one of the said creditors, as well as from the execution debtor. In both cases the purchaser shall be entitled to interest and to the costs incurred on the entry thereof in the sale. The said purchaser shall furthermore be entitled to seek a refund of the fees paid on the transfer from the municipality and the State.
(2) For recovery of the amounts referred to in Paragraph (1), the regional judge exercising jurisdiction over the location of the immovable shall issue a writ of execution on the basis of the distribution and the certificates referred to in Article 498 (1) herein, if the persons where against the writ is issued are impleaded in the case in the matter of which the judgment has been rendered. If the amount deposited by the purchaser has not been paid out, the said purchaser shall recover the said amount by payment order issued by the enforcement agent.
(3) Where the immovable has been awarded to an execution creditor, the said creditor shall retain the receivable thereof against the execution debtor and shall be entitled to seek, according to the procedure established by Paragraph (2), recovery of the amounts specified in Paragraph (1), excluding the costs incurred on the entry thereof in the sale.
Sale of Co-owned Immovable
Article 500. (1) Where the enforcement is levied against any co-owned immovable for a debt of any of the co-owners, an inventory shall be taken of the immovable in globo, but solely the undivided interest of the execution debtor shall be sold.
(2) Alternatively, the immovable may be sold in globo, if the rest of the co-owners agree to this in writing.
Sale of Mortgaged Immovable
Article 501. (1) Upon the sale of a mortgaged immovable which is conducted to enforce a receivable other than the receivable of the mortgagee, the enforcement agent shall dispatch to the said mortgagee a communication on the scheduling of the inventory and the sale.
(2) In the cases referred to in Articles 494 and 495 herein, the mortgagee may enter the sale on an equal footing with the rest of the creditors.

Chapter Forty-Four
ENFORCEMENT OF CORPOREAL THINGS IN MATRIMONIAL COMMUNITY PROPERTY

Levy of Enforcement against Common Corporeal Thing
Article 502. (1) Enforcement of a receivable against one of the spouses may be levied against a corporeal thing which constitutes matrimonial community property. The non-debtor spouse may name a property owned by the debtor spouse where against the enforcement is to be levied. If the property named is available and the receivable can be satisfied there from, after the inventory is taken, the enforcement in respect of the corporeal thing which constitutes matrimonial community property shall be stayed and may be resumed if, after realization of the property named, the receivable or part thereof remains unsatisfied.
(2) Where the spouses agree that the enforcement be levied against a corporeal thing designated thereby, which constitutes matrimonial community property, Article 443 herein shall apply.
Non-debtor Spouse Notified
Article 503. (1) Where the enforcement agent establishes that a corporeal thing where against enforcement is levied constitutes matrimonial community property, the said agent shall notify the non-debtor spouse.
(2) The non-debtor spouse may appeal against the enforcement steps citing non-compliance with Article 502 herein.
(3) The non-debtor spouse may contest the receivable on the same grounds and according to the same procedure as the debtor spouse, as well as appeal against the enforcement steps on the same grounds as the debtor spouse.
(4) The non-debtor spouse may furthermore enter the bidding upon the public sale of the corporeal immovable.
Sale of Common Corporeal Thing
Article 504. (1) Where the enforcement is levied against any corporeal thing constituting matrimonial community property, after the sale of the said thing the enforcement agent shall pay out half of the proceeds to the non-debtor spouse, and shall apply Article 455 (2) and Articles 460 to 464 herein to the balance.
(2) If the enforcement is levied against an immovable, Article 500 herein shall apply.
Frustration of Sale and Precedence upon Award
Article 505. (1) The non-debtor spouse may frustrate the sale if the said spouse deposits the cash equivalent of the share of the debtor spouse in the common corporeal thing in an account of the enforcement agent according to the price fixed for sale at a retail establishment or of the price of the immovable, as the case may be, prior to the delivery of the corporeal thing to a retail establishment or a commodity exchange or, respectively, prior to the commencement of the open-outcry auction and, applicable to the public sale of an immovable, before expiry of the time limit for submission of written bids.
(2) Where the non-debtor spouse enters the bidding, the said spouse shall be declared purchaser if, upon the drawing up of the memorandum under Article 492 (1) herein, the said spouse declares that he or she wishes to purchase the immovable at the highest price offered.
Equality of Shares
Article 506. In the cases referred to in Articles 504 and 505 herein, the non-debtor spouse may not oppose to the execution creditor the entitlement of the said spouse to a larger share than the debtor spouse owing to the contribution of the non-debtor spouse to the acquisition of the corporeal thing. The execution creditor may not claim that the share of the debtor spouse is larger on the same grounds.

Chapter Forty-Five
ENFORCEMENT AGAINST EXECUTION DEBTOR'S RECEIVABLES

Garnishment of Receivable
Article 507. (1) The garnishment communication shall be dispatched to the garnishee simultaneously with the dispatch of the notice of voluntary compliance to the execution debtor.
(2) The garnishment communication shall forbid the garnishee to deliver the amounts or corporeal things due there from to the execution debtor. The said corporeal things must be listed exactly.
(3) As from the day of receipt of the garnishment communication, the garnishee shall assume the obligations of a keeper in respect of the corporeal things or amounts due there from.
Garnishee's Duties
Article 508. (1) Within three days after service of the garnishment communication, the garnishee must inform the enforcement agent:
1. whether the said garnishee acknowledges the receivable whereupon the garnishment is imposed, and whether the said garnishee is ready to pay the said receivable;
2. whether any other parties claim the same receivable;
3. whether a garnishment has been imposed on the same receivable under other writs of execution as well, and for what claims.
(2) The invitation to give these explanations shall be contained in the communication of imposition of the garnishment itself.
(3) If the garnishee does not contest the obligation thereof, the said garnishee shall deposit the amount due there from in the account of the enforcement agent or shall deliver the garnished corporeal things thereto.
Garnishment of Receivable Secured by Pledge or Mortgage
Article 509. (1) If the garnished receivable is secured by a pledge, the person who holds the pledged corporeal thing shall be commanded not to deliver the said thing to the execution debtor but to deliver the said thing to the enforcement agent if the garnishee acknowledges the debt.
(2) If the garnished receivable is secured by a mortgage, the garnishment shall be noted in the relevant book at the Recording Office.
Award for Collection or in Lieu of Payment
Article 510. The garnished receivable shall be made available to the execution creditor for collection or, on a motion thereby, shall be given to the execution creditor in lieu of payment. Where there are several execution creditors under the enforcement case, the receivable shall be made available for collection to the execution creditor on whose motion the case has been instituted and, should the said creditor decline, to another execution creditor who makes such a motion.
Enforcement against Delivered Corporeal Things
Article 511. Enforcement against the corporeal things which the garnishee delivers or which the said garnishee has been ordered to deliver shall follow the procedure established by Articles 465 to 482 herein.
Garnishment of Labour Remuneration
Article 512. (1) The garnishment of a labour remuneration shall affect not only the remuneration specified in the garnishment communication but also any other remuneration received by the execution debtor in consideration of the same or other work with the same employer or at the same institution.
(2) If the execution debtor takes up employment with another employer or at another institution, the garnishment communication shall be forwarded there by the person who initially received the said communication and shall be considered dispatched by the enforcement agent. The garnishee shall notify the enforcement agent of the new place of work of the execution debtor and of the amount withheld until the change of employment.
(3) The person who pays a labour remuneration to the execution debtor notwithstanding the garnishment imposed, without withholding the amount under the garnishment, shall be liable in person to the execution creditor for the said amount solidarily with the garnishee.
(4) The garnishment communication under maintenance obligations shall be entered into the civil-service or employment work book of the execution debtor by the person who pays the remuneration. Where the execution debtor takes up employment with another employer or at another institution, the remuneration thereof shall continue to be withheld on the basis of this entry even if no other garnishment communication is received.
(5) The entry shall be expunged at the command of the enforcement agent who has imposed the garnishment.
(6) If the employment relationship or civil-service relationship of the execution debtor is terminated after the imposition of the garnishment on the labour remuneration and the said debtor fails to notify the enforcement agent of the new employment of the said debtor within one month, the enforcement agent shall impose a fine not exceeding BGN 200 on the said debtor.
Execution Creditor's Liability upon Collection of Receivable
Article 513. The execution creditor who delays the collection of the receivable delivered thereto shall be liable to the execution creditor under the writ of execution for all damages which constitute a direct and immediate consequence of the said delay.
Costs of Collection of Awarded Receivable
Article 514. The costs which the execution creditor incurs on collection of the receivable delivered thereto shall be left borne thereby. The said execution creditor shall be obligated to give the enforcement agent exact account of the amounts collected.
Enforcement against Physical Securities
Article 515. (1) Physical securities shall be garnished by means of taking an inventory and seizure of the said securities by the enforcement agent, who shall deposit the said securities with a bank.
(2) Upon the imposition of garnishment on physical registered shares or bonds, the enforcement agent shall notify the corporation of this. The garnishment shall have effect in respect of the corporation as from the receipt of the garnishment communication. The garnishment shall extend to all property rights conferred by the security.
(3) After imposition of the garnishment, the execution creditor may move for:
1. an award of the receivable under the security for collection in lieu of payment;
2. the conduct of a public sale.
(4) Physical securities shall be sold by the enforcement agent in accordance with the rules for public sale of an immovable under this Code, separately and in blocks. The enforcement agent shall transfer each security in the due manner applicable to the said security and shall deliver the said security to the purchaser after the entry into effect of the award decree. Where the security is transferred by endorsement, the order of endorsements shall not be interrupted.
Enforcement against Dematerialized Securities
Article 516. (1) Dematerialized securities shall be garnished by means of dispatch of a garnishment communication to the Central Depository, the corporation being notified simultaneously. The Central Depository shall notify immediately the relevant regulated market of the garnishment imposed.
(2) Government securities shall be garnished by means of dispatch of a garnishment communication to the person keeping a register of government securities.
(3) The garnishment shall have effect as from the time of service of the garnishment communication and shall extend to all property rights conferred by the security.
(4) The Central Depository and the person keeping a register of government securities shall be obligated to notify the enforcement agent, within the time limit referred to in Article 508 herein, of what securities are held by the execution debtor, whether any other garnishments have been imposed and for what claims.
(5) As from the receipt of the garnishment communication, the dematerialized securities shall pass into the disposition of the enforcement agent.
(6) After imposition of the garnishment, the execution creditor may move for:
1. an award of the receivable under the security for collection in lieu of payment;
2. the conduct of a public sale.
(7) Dematerialized securities shall be sold through a bank in the manner established for the said securities. The enforcement agent shall act on his or her behalf and for the account of the execution debtor.
Enforcement against Participating Interest in Commercial Corporation
Article 517. (1) A participating interest in a commercial corporation shall be garnished by dispatch of a garnishment communication to the Registry Agency. The garnishment shall be recorded according to the procedure applicable to recording of a pledge of a participating interest in a commercial corporation and shall have effect as from the recording of the said garnishment. The Registry Agency shall notify the corporation of the garnishment as recorded.
(2) Where the enforcement is levied against a participating interest held by a general partner, the enforcement agent, after establishing compliance with the conditions under Article 96 (1) of the Commerce Act, shall serve the declaration of will of the execution creditor on dissolution of the corporation upon the corporation and upon the rest of the general partners. After the lapse of six months, the enforcement agent shall empower the execution creditor to bring an action for dissolution of the corporation before the district court exercising jurisdiction over the registered office of the said corporation. The court shall dismiss the action if it is established that the receivable of the execution creditor has been satisfied. If it determines that the action is well-founded, the court shall dissolve the corporation. The dissolution shall be recorded ex officio in the commercial register, where after liquidation shall be proceeded with.
(3) Where the enforcement is levied against a participating interest held by a limited partner, the enforcement agent shall serve upon the corporation the declaration of will of the execution creditor on termination of the participating interest of the execution debtor in the corporation. After the lapse of three months, the enforcement agent shall empower the execution creditor to bring an action for dissolution of the corporation before the district court exercising jurisdiction over the registered office of the said corporation. The court shall dismiss the action if it is established that the corporation has paid the execution creditor the portion of the property, determined according to Article 125 (3) of the Commerce Act, appertaining to the execution-debtor partner, or that the receivable of the execution creditor has been satisfied. If it determines that the action is well-founded, the court shall dissolve the corporation. The dissolution shall be recorded ex officio in the commercial register, where after liquidation shall be proceeded with.
(4) Where the enforcement is levied against all participating interests in a corporation, the action for dissolution of the said corporation may be brought after recording of the garnishment and without compliance with the requirements of Article 96 (1) of the Commerce Act, without service of a declaration of will for dissolution of the company or for termination of the participation of the execution debtors in the company. The court shall dismiss the action if it is established that the receivable of the execution creditor has been satisfied before the end of the first hearing of the case. If it determines that the action is well-founded, the court shall dissolve the corporation and this shall be recorded ex officio in the commercial register, where after liquidation shall be proceeded with.
Enforcement against Common Deposit
Article 518. Enforcement for a receivable against one of the spouses may alternatively be levied against one-half of a money deposit in matrimonial community. The other half shall remain a personal deposit of the non-debtor spouse. The provisions of Articles 503 and 506 herein shall apply, mutatis mutandis, to any such enforcement.

Chapter Forty-Six
ENFORCEMENT AGAINST GOVERNMENT INSTITUTIONS, MUNICIPALITIES AND
BUDGET-SUBSIDIZED ESTABLISHMENTS

Enforcement against Government Institutions
Article 519. (1) Enforcement of pecuniary receivables against government institutions shall be inadmissible.
(2) The pecuniary receivables against government institutions shall be paid out of the budgetary spending authority of the said institutions provided for this purpose. To this end, the writ of execution shall be presented to the financial authority of the relevant institution. If spending authority is not available, the superior institution shall undertake the measures necessary for a provision for such authority in the next succeeding budget at the latest.
Enforcement against Municipalities and Budget-Subsidized Establishments
Article 520. (1) Enforcement against any resources on the bank accounts of the municipalities and the other establishments subsidized by the budget, which have accrued as a subsidy from the central government budget, shall be inadmissible.
(2) Enforcement of pecuniary receivables against any other property which is privately owned by the execution creditors referred to in Paragraph (1) shall follow the rules of this Title.

TITLE THREE
ENFORCEMENT OF NON-PECUNIARY RECEIVABLES
Chapter Forty-Seven
COERCIVE SEIZURE OF CORPOREAL THINGS

Delivery of Movable Thing
Article 521. (1) Any movable thing awarded which, having been claimed by the enforcement agent, was not voluntarily delivered by the execution debtor, shall be seized coercively from the said debtor and shall be delivered to the execution creditor.
(2) If the corporeal thing is not in the possession of the execution debtor or has deteriorated, the cash equivalent of the said thing shall be collected from the said debtor. It shall be proceeded in a similar way where only part of the corporeal thing is found. If the cash equivalent of the corporeal thing is not specified in the writ of execution, the said equivalent shall be determined by the enforcement agent after hearing of the parties and, where necessary, after examination of witnesses and an expert witness as well.
(3) The decree determining the cash equivalent shall be appealable under Article 436 herein. The appellate review of the decree shall not stay the collection of the cash equivalent, but the court may decree the stay. The court shall examine the appeal, sitting in public session with the execution debtor and the execution creditor being summoned. The judgment shall be appealable before the appellate court, whose judgment shall be unappealable.
Delivery of Possession
Article 522. (1) Possession of an immovable which has been awarded to a person shall be delivered to the said person. The enforcement agent shall assign a day and hour for the delivery of possession and shall notify the parties. The memorandum shall be drawn up by the enforcement agent on site. If the enforcement agent does not vacate the immovable voluntarily, the said agent shall be evicted coercively.
(2) The judgments referred to in Article 349 herein shall be enforced after the appertaining portions of the value of the immovable are paid up to the other co-partitioners.
Delivery of Possession Adverse to Third Party
Article 523. (1) If the enforcement agent finds the corporeal immovable awarded in the possession of a third party and if the said agent satisfies himself or herself that the said party has acquired possession of the immovable after the institution of the case in the matter of which the judgment enforced has been issued, the said agent shall deliver possession of the immovable to the execution creditor. In the memorandum, the enforcement agent shall specify the manner in which the said agent satisfied himself or herself that the third party has acquired possession after the institution of the case.
(2) If the third party claims any rights to the awarded immovable which exclude the rights of the execution creditor, the enforcement agent shall adjourn the enforcement and shall allow the third party three days to approach the regional court with a motion for stay of the enforcement.
Stay of Delivery of Possession
Article 524. Attached to the petition for the stay, the third party must present written evidence of the right claimed thereby to the immovable. The petition shall be examined in public session with the execution creditor, the execution debtor and the third party being summoned. If the court determines that the petition is well-founded, the court shall stay the enforcement and shall allow the third party one week to bring an action before the competent court. If the third party fails to bring an action within the time limit allowed, the stay shall be vacated on a motion by the execution creditor.
Unsanctioned Recovery of Possession
Article 525. (1) Where the person evicted from possession recovers possession of the immovable in any manner whatsoever without a sanction, the enforcement agent, acting on a motion by the execution creditor, shall re-evict the said person there from.
(2) The person referred to in Paragraph (1) shall furthermore incur criminal liability under Article 323 (2) of the Criminal Code.

Chapter Forty-Eight
PERFORMANCE OF SPECIFIC ACT

Enforcement of Obligation to Perform Substitutable Act
Article 526. (1) Where the execution debtor fails to perform an act which the said debtor has been ordered to perform and which may be performed by another person, the execution creditor may seek from the enforcement agent empowerment of the said creditor to perform the act for the account of the execution debtor.
(2) The execution creditor may approach the court with a motion that the execution debtor be ordered to deposit in advance the amount necessary for performance of the act.
Enforcement of Obligation to Perform Non-substitutable Act and to
Refrain from Acting
Article 527. (1) Where the act cannot be performed by another person but depends exclusively on the will of the execution debtor, the enforcement agent, acting on a motion by the execution creditor, shall compel the said debtor to perform the act, imposing thereon a fine not exceeding BGN 200. If even after that the execution creditor fails to perform the act, the enforcement agent shall impose thereon successive new fines up to the same amount.
(2) The rule under Paragraph (1) shall not apply to the obligations of factory and office workers arising from an employment relationship or civil-service relationship.
(3) Where the execution debtor acts contrary to what the said debtor is obligated to do or to suffer, the enforcement agent, acting on a motion by the execution creditor, shall impose on the said debtor a fine not exceeding BGN 400 for each breach of the said obligation.
(4) The acts of the enforcement agent for the empowerment and for the imposition of the fines shall be appealable according to the procedure established by Articles 435 to 438 herein.
Enforcement of Obligation to Deliver Child
Article 528. (1) Where the enforcement agent proceeds with the enforcement of an obligation to deliver a child, as well as of an obligation to return the child thereafter, the said agent shall invite the execution debtor to comply voluntarily at the assigned place and time. The notice of voluntary compliance must be served upon the execution debtor if practicable two weeks, but in any case not later than one week, prior to the time assigned for delivery of the child.
(2) Within three days after service of the notice, the execution debtor must notify the enforcement agent:
1. whether the said debtor is ready to deliver the child at the assigned place and time;
2. what impediments exist to the timely compliance with the obligation;
3. of the place and time at which the said debtor is ready to deliver the child.
(3) The enforcement agent shall impose a fine under Article 527 (3) herein on the execution debtor for a failure to comply with the obligation under Paragraph (2) in due time and, where necessary, shall decree that the attendance of the said debtor be compelled.
(4) The enforcement agent may approach the Social Assistance Directorate with a request for assistance to eliminate the impediments to timely compliance with the obligation and for explanation to the execution debtor and, where necessary, to the child as well, of the advantages of voluntary compliance and the adverse consequences of non-compliance with the judgment of court. The enforcement agent may approach the Social Assistance Directorate with a request to undertake appropriate measures under Article 23 of the Child Protection Act and, where necessary, the said agent may approach the police authority with a request to take measures under Article 56 of the Ministry of Interior Act.
(5) If the execution debtor fails to comply voluntarily, the enforcement agent, acting with the assistance of the police authorities and the mayor of the municipality, borough or mayoralty, shall seize the child coercively and shall deliver the said child to the execution creditor.
Detention upon Obstruction of Enforcement
Article 529. If the execution debtor obstructs the enforcement, the police authorities shall detain the said debtor and shall notify the prosecuting magistracy immediately.

PART SIX
NON-CONTENTIOUS PROCEEDINGS
Chapter Forty-Nine
GENERAL RULES

Governing Provisions
Article 530. The non-contentious proceedings provided for in this Code and in other laws shall be governed by the rules of this Chapter, save insofar as any special rules are established.
Cognizance of Petition for Facilitation
Article 531. (1) The non-contentious proceeding shall commence on a written petition by the interested party.
(2) The petition shall be submitted to the regional court within whose geographical jurisdiction the permanent address of the petitioner is located. If the petitioners have different permanent addresses, the said petition shall be submitted to the court exercising jurisdiction over the permanent address of one of the said petitioners.
Examination of Petition in Camera
Article 532. The petition shall be examined in camera, unless the court determines that the correct adjudication of the case requires that the said case be examined in public session.
Ex Officio Verification
Article 533. The court shall be obligated to verify ex officio whether the conditions for issuing of the act sought exist. The court, acting on its own initiative, may take evidence and take into account any facts not cited by the petitioner.
Personal Appearance and Declaration of Circumstances
Article 534. The court may decree the personal appearance of the petitioner. The court may require from the petitioner to confirm by a declaration the authenticity of the circumstances set forth thereby.
Use of Evidence
Article 535. The court may invoke testimony given before other authorities, as well as assign another court or the police authorities, or the municipalities, to take the requisite evidence.
Stay of Proceeding
Article 536. (1) The non-contentious proceeding shall be stayed where:
1. there is a case regarding a legal relation which is a precondition for the issuing of the act sought or which is subject to establishment by the said act;
2. a dispute over a civil right arises on the petition for issuing of the act between the petitioner and another person, who opposes the petition; in such case, the court shall allow the petitioner one month to bring the action; the proceeding shall be terminated if the said action is not brought within the said time limit.
(2) The effective judgment on the dispute shall be binding upon authorization of the non-contentious proceeding under the terms and within the limits established by Article 298 herein.
Contestation of Non-contentious Act
Article 537. (1) The judgment whereby the petition for issuing of the act sought is granted shall be unappealable.
(2) Where the act referred to in Paragraph (1) affects the rights of third parties, the dispute which has arisen there from, if over a civil right, shall be resolved according to an action procedure. The action shall be brought against the persons who benefit from the act. If the action is granted, the act issued shall be vacated or modified.
(3) The prosecutor may bring an action for vacation of the act issued, where the said act was rendered in violation of the law. The action shall be directed against the persons who benefit from the act.
Appellate Review of Refusal
Article 538. (1) A refusal to issue the act shall be appealable within one week after service of the judgment on the party.
(2) The appeal shall be lodged through the regional court. The said appeal may alternatively be based on new facts and evidence. The examination of the appeal shall follow the procedure established by Article 278 herein.
(3) The judgment whereby the petition is denied shall be no impediment to a re-submission of a petition to the same court for the issuing of the same act.
Termination of Proceeding
Article 539. (1) The non-contentious proceeding shall be terminated where:
1. the petition for issuing of the act is withdrawn;
2. the petitioner is not found at the address named thereby.
(2) The ruling whereby the proceeding is terminated shall be appealable by an interlocutory appeal.
Applicability of Action Proceeding Rules
Article 540. In addition to the general rules of this Code, the rules of action proceeding, with the exception of Articles 207 to 266 and Articles 303 to 388 herein, shall also apply, mutatis mutandis, to non-contentious proceedings.
Costs
Article 541. The costs of non-contentious proceedings shall be for the account of the petitioner.

Chapter Fifty
ESTABLISHMENT OF FACTS

Scope of Application
Article 542. Where the law provides that a known fact of legal relevance must be certified by a duly drawn up document (such as a certificate of educational attainment, a certificate of civil status etc.), and such document has not been drawn up and cannot be drawn up or the document drawn up has been destroyed or lost beyond recovery, the person who invokes this fact as a fountain of rights may approach the regional court with a petition to establish the said fact and, where necessary, to order the execution of the relevant document.
Petition: Content
Article 543. The petition shall state:
1. the purpose for which the petitioner prays for the establishment of the relevant fact;
2. the reasons for which the document has not been drawn up or for which the said document cannot be drawn up, with official documents being presented for establishment of the said reasons;
3. evidence of the fact subject to establishment.
Examination of Petition
Article 544. (1) The petition shall be examined in public session, with the petitioner and the persons interested in the establishment of the fact being summoned. Apart from the said persons, the prosecutor shall be summoned as well.
(2) The following parties shall be interested:
1. the persons whereof the relations depend on the fact subject to establishment;
2. the organizations and institutions which were supposed to draw up the document or which are not in a position to recover the said document;
3. the organizations and institutions in dealing wherewith the petitioner wishes to invoke the establishment decreed by the court.
(3) If any interested person is deceased, the heirs thereof shall be summoned. The interested parties referred to in Item 3 of Paragraph (2) may alternatively be represented by the local subdivisions thereof.
Establishment of Educational Attainment
Article 545. (1) Where the petitioner wishes to establish that the said petitioner has received education at a particular educational establishment, to establish this fact the court may use, in addition to the other evidence, a conclusion of expert witnesses regarding the qualifications of the petitioner.
(2) In the case referred to in Paragraph (1), the superior institution of the educational establishment referred to in Paragraph (1) shall be summoned as an interested institution referred to in Item 2 of Article 544 (2) herein.
Judgment: Content and Effect
Article 546. (1) The judgment of the court shall specify the fact established by the court and the evidence on the basis of which the said fact was established.
(2) The judgment whereby the court pronounces on the petition shall be appealable according to the standard procedure.
(3) The judgment shall have no evidential value in respect of those interested persons, organizations or institutions covered under Article 544 herein, who or which have not been summoned to participate in the proceeding, if the said parties contest the fact.
Applicability of Proceeding for Removal of Errors
Article 547. Any errors in the documents referred to in Article 542 herein may be rectified according to the procedure established by this Chapter and with the same consequences, where a law does not provide for another procedure for rectification of the said errors.
Establishment of Facts which have Occurred Abroad
Article 548. Where any facts referred to in Article 542 herein have occurred abroad, the establishment of the said facts may be sought according to the procedure established by this Chapter solely if it is proved that the petitioner is unable to obtain the document which the said petitioner needs or an attestation in lieu of the said document from the authorities of the State within whose territory the fact has occurred. This impediment shall be proved either by means of documents issued by the competent authorities of the foreign State, or by means of a certificate issued by the Ministry of Foreign Affairs, to the effect that the authorities of the foreign State have refused to examine the petition of the interested person or that it is impossible to make such a request.

Chapter Fifty-One
DECLARATION OF ABSENCE OR DEATH

Cognizance and Content of Petition
Article 549. (1) A petition for declaration of the absence or death of a particular person shall be cognizable in the regional court exercising jurisdiction over the last permanent address of the absent person, and where there is no such address, in the regional court exercising jurisdiction over the place where the person lived immediately before absenting himself or herself.
(2) The petition shall furthermore indicate the presumable heirs of the absent person and the attorney-in-fact or legal representative thereof, if any.
Examination of Petition
Article 550. (1) The court, sitting in camera, shall decree the collection of information on the absent persons from the next of kin thereof, from the municipality, borough or mayoralty, from the National Police Service and from any other appropriate source.
(2) The court shall dispatch an abstract of the petition for publication to the municipality, borough or mayoralty wherein the person lived immediately before absenting himself or herself. The said abstract shall be served upon the persons referred to in Article 549 (2) herein.
(3) The court shall pronounce on the petition for declaration of the absence or death after hearing the prosecutor and the persons specified in Article 549 (2) herein, as well as the other interested parties.
Drawing up Certificate of Death
Article 551. On the basis of the judgment whereby the death of a particular person has been declared, a certificate of death shall be drawn up, citing the last permanent address of the person or the place where the said person lived immediately before absenting himself or herself.
Reversal of Judgment
Article 552. (1) On a petition by any interested party or on a motion by the prosecutor, the judgment declaring the absence or death of a particular person may be reversed or modified if it is established that the absent person is alive or that the exact date of the death thereof is other than the date declared by the court.
(2) The action under Paragraph (1) shall be brought against the party which has moved for the declaration of the absence or death, and against the persons who invoke the relevant act as a fountain of rights.

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