Territorial Competence
Article 553. (1) The property left after the death of a person shall be sealed in the cases established by the law by the regional court exercising jurisdiction over the place of the opening of the succession or of the location of the property.
(2) The regional court may assign the municipality or the mayoralty to perform the sealing through its own authority.
(3) On a motion by the petitioner, the sealing may alternatively be assigned to the enforcement agent.
Authorized Persons
Article 554. The following may move for sealing:
1. any person who claims a right to succession;
2. the creditor who holds a writ of execution against the deceased;
3. the prosecutor and the mayor of the municipality, borough or mayoralty, where any heirs are absent.
Sealing
Article 555. A memorandum shall be drawn up on the sealing, stating therein the date, the authority which commanded the performance of the sealing, a listing of the sealed premises, safes, trunks and other such, and a brief description of the objects which are not sealed. The said memorandum shall be signed by the official and by the parties present.
Unsealing
Article 556. (1) Any party entitled to move for sealing may move for unsealing and for taking an inventory of the property.
(2) The unsealing shall be performed and the inventory shall be taken by the regional court, which may assign this according to the procedure established by Article 553 (2) and (3) herein.
Taking of Inventory
Article 557. (1) A memorandum shall be drawn up on the inventory, describing therein separately all things in the order of unsealing. An expert may be appointed for appraisal of the things.
(2) The heirs of the deceased and the creditors may be present at the taking of the inventory.
(3) The inventory may be taken even if no sealing has been performed.
Delivery of Corporeal Things
Article 558. The corporeal things inventoried shall be delivered to the heirs or to any of the said heirs against signed acknowledgment, and where there are no heirs or where the said heirs do not wish to accept the said things, the said things shall be delivered to a third party for safekeeping.
Notification of Inventory
Article 559. Where the sealing and unsealing are performed and the inventory is taken by the municipality, borough or mayoralty, the memorandum shall be transmitted to the regional judge.

Chapter Fifty-Three
CANCELLATION OF SECURITIES

Subject Matter and Prerequisites
Article 560. Any person, who holds a right to a negotiable security payable to order: a promissory note, a bill of exchange and other such, or to a negotiable instrument payable to bearer, may move for the cancellation of the said security if the said person is dispossessed of the said security against the will thereof or if the said security has been destroyed.
Petition: Content
Article 561. In the petition thereof, the petitioner must:
1. reproduce the security or indicate everything which is necessary for the establishment of the identity of the said security;
2. set forth the circumstances where under the security was lost or destroyed, as well as the circumstances wherefrom the right of the petitioner to the said security arises;
3. confirm the authenticity of the allegations thereof by an express declaration contained in the petition.
Order Barring Payment
Article 562. (1) If the petition conforms to the requirements covered under Article 561 herein, the court, sitting in camera, shall issue an order which shall contain:
1. an indication of the petitioner;
2. an invitation to the holder of the security to declare the rights thereof not later than the day specified in the order for a hearing of the court for pronouncement on the cancellation, with a warning that if the said holder fails to do so, the security will be cancelled;
3. a command to the payer not to effect any payments to the bearer of the security.
(2) The order shall be posted in the place designated for this purpose at the court and shall be promulgated in the Unofficial Section of the State Gazette.
(3) A transcript of the order shall be dispatched to the payer.
Scheduling of Hearing for Cancellation
Article 563. A hearing for cancellation of a security shall be scheduled to a date not earlier than:
1. forty-five days after the promulgation of the order referred to in Article 562 (2) herein or after the maturity of the security, if the said promulgation was effected prior to the maturity: applicable to any negotiable security payable to order;
2. one year after the maturity of the first coupon after the promulgation of the order: applicable to any negotiable security payable to bearer issued with interest coupons attached thereto;
3. one year after the maturity of the security: applicable to any negotiable securities payable to bearer issued with no interest coupons attached thereto.
Contestation of Petition
Article 564. (1) The person who contests the petition for cancellation shall be obligated to state this at the latest during the court hearing and to deposit the security with the court or with a bank until resolution of the dispute.
(2) In the case referred to in Paragraph (1), the court shall stay the cancellation proceeding and shall allow the petitioner one month to present evidence that the said petitioner has brought an action for declaratory judgment on the right thereof to the security. The court shall terminate the cancellation proceeding unless evidence of the bringing of an action is presented.
Judgment on Cancellation
Article 565. (1) The judgment on cancellation shall be rendered in public session with the petitioner being summoned.
(2) The judgment whereby the petition for cancellation is denied shall be appealable according to the standard procedure.
Exercise of Rights Conferred by Security
Article 566. After the cancellation of the security, the petitioner shall exercise the rights conferred thereby on the basis of the judgment on cancellation. On the basis of the said judgment, the said petitioner may demand the issuing of a duplicate copy of the security.
Security Holder's Rights
Article 567. The person who possesses the cancelled security, regardless of the fact that the said person has not claimed the rights thereto in due time, may seek to recover the amount under the security from the person on the petition whereof the cancellation has been decreed if the said person was not entitled to move for cancellation.
Vacation of Order Barring Payment
Article 568. If the proceeding on cancellation ends without a judgment on cancellation, the order barring payment shall be vacated ex officio by the court and this shall be communicated to the payer.

Chapter Fifty-Four
NOTARIAL PROCEEDINGS
Section I
General Rules

Notarial Certifications
Article 569. Notarial proceedings shall be proceedings whereof the procedure applies to the effecting of:
1. legal transactions by notarial acts;
2. certification of a right of ownership to a corporeal immovable, certification of the date, content or signatures of private documents, as well as the authenticity of transcripts and abstracts of documents and papers;
3. notarial invitations, protests, certification of appearance or of non-appearance of persons before the notary for performance of steps therebefore;
4. acceptance and return of documents and papers delivered for safekeeping;
5. entries, notations and the deletion thereof in the cases provided for in a law;
6. searches of the notarial books, including searches of the books referred to in Article 577 (2) herein;
7. issuing of certificates of existence or non-existence of charges;
8. performance of other notarial steps provided for in a law.
Territorial Competence
Article 570. (1) Any notarial acts on transfer of ownership or on creation of a right in rem to a corporeal immovable and on certification of a right of ownership to an immovable shall be issued by the notary within whose area of practice the immovable is located. Any entries, notations and deletions of an immovable shall be effected by the Recording Office exercising competence over the location of the immovable. Any acts subject to entry, notation and deletion shall be presented in two or more identical copies.
(2) The other notarial steps, as well as the testaments, may be performed by any notary regardless of the link between the area of practice thereof and the notarial certification.
Commencement of Notarial Proceeding
Article 571. Notarial proceedings shall commence on an oral petition. The said petition shall be submitted in writing solely where an issuing of a notarial act on transfer or creation of a right in rem to an immovable, certification of a right of ownership to an immovable, and entry, notation and deletion of an entry is sought.
Parties to and Participants in Notarial Proceeding
Article 572. Parties to a notarial proceeding shall be the persons on whose behalf the performance of the notarial step is sought. Participating in a notarial proceeding shall be the persons whose personal declaration of will the notary certifies.
Place and Time of Notarial Certifications
Article 573. (1) The notary cannot perform notarial steps outside the area of practice thereof.
(2) Any notarial steps subject to entry shall be performed solely in the notary's chambers within normal business hours.
(3) Any other notarial steps may also be performed out of the notary's chambers and outside normal business hours, where valid reasons prevent the persons participating in the certification from appearing in the notary's chambers or necessitate the immediate performance of a notarial step.
Legal Conformity of Notarial Certifications
Article 574. Notarial steps may not be performed in respect of any transactions, documents or other acts which conflict with the law or with good morals.
Notary's Recusal
Article 575. (1) The notary may not perform notarial steps where the notary himself or herself, the spouse thereof or the person who is a de facto cohabitee therewith, any ascendants or descendants thereof, any collateral relatives thereof up to the fourth degree of consanguinity, any affines thereof up to the first degree of affinity, as well as any person in respect of whom the notary is a tutor, curator, adoptee or adopter or a member of a foster family, is a party to the notarial proceeding or a person participating in the said proceeding.
(2) The prohibition under Paragraph (1) shall furthermore apply in the cases where the transaction or the document contains a disposition in favour of any of the persons covered under Paragraph (1).
Null Notarial Certifications
Article 576. A notarial step shall be null where the notary did not have the right to perform the said step (Article 569, Article 570 (1), Article 573 (1), Articles 574 and 575 herein), as well as where Article 578 (4) (in respect of the personal appearance of the participating persons), Article 579, Items 1, 3, 4 and 6 of Article 580, Articles 582, 583 and Article 589 (2) herein were violated upon the performance of the said step.
Appellate Review of Refusal
Article 577. (1) Any refusal to effect a notarial certification shall be appealable by an interlocutory appeal before the district court.
(2) Separate books shall be kept of the refusals to effect an entry, notation or deletion.
(3) Where the court reverses the refusal, the entry, notation or deletion shall be considered effected as from the time of submission of the petition for the said entry, notation or deletion.

Section II
Special Rules

Notarial Act: Form
Article 578. (1) For the issuing of a notarial act, a draft of the act shall be prepared in two or more identical copies. The shape, kind and size of the paper whereon the said draft shall be handwritten or typed shall conform to a standard form endorsed by the Minister of Justice.
(2) All copies of the draft shall be prepared in a clean and legible form, handwritten in black or blue ink or typed.
(3) The figures in the draft shall be written in words, where the said figures concern the content of the transaction. The blank spaces shall be crossed out.
(4) The persons or the attorneys-in-fact thereof, whose declarations of will are contained in the draft, must appear in person before the notary who, before issuing the act, shall verify the identity, the full capacity to act and the representative authority of the persons who have appeared there before.
(5) The identity of the persons who are unknown to the notary shall be established by means of an identity document. In the same manner, the notary shall establish whether the persons who have appeared there before have attained the age of 18 years. If an identity document is not available, the person shall establish the identity thereof by means of two witnesses of established identity.
Notarial Act: Issuing
Article 579. (1) The notary shall read the content of the act to the participating persons. If the said persons approve the content of the said act, they shall write out the name thereof and shall affix the signature thereof before the notary, or if the act is already signed, they shall write out the full name thereof and shall confirm the signatures thereof.
(2) Where any of the participating persons is unable to sign by reason of illiteracy or disability, Article 189 herein shall apply, and the act shall not be countersigned by witnesses.
(3) Where any corrections, insertions or deletions in the act have to be made, an express note of this shall be made and the said note shall be signed in the same manner as the act itself.
Act: Content
Article 580. The notarial act shall contain:
1. the year, the month and the day and, where necessary, also the hour and place of issuing;
2. the name of the issuing notary;
3. the full name and the Standard Public Registry Personal Number of the persons who participate in the proceeding;
4. the content of the act;
5. brief reference to the documents attesting compliance with the requirements referred to in Article 586 (1) herein;
6. signature and full name of the parties or representatives thereof written out, and signature of the notary.
Notarial Act: Filing
Article 581. After the issuing of the act and the recording thereof, one copy of the said act shall be filed in a special book, and the other copies, where on a fee shall be charges as for transcripts, shall be delivered to the participating persons.
Oral Interpreter
Article 582. Where any of the participating persons has no command of the Bulgarian language, the notary shall appoint an oral interpreter.
Participation of Deaf, Mute or Illiterate Person
Article 583. (1) Where any participating person is literate but mute, deaf or deaf-mute, the deaf person must read the document aloud and declare whether the said person agrees with the content of the said document, whereas the mute or deaf-mute person must, after the reading of the document, write in his or her own hand therein that the said person agrees with the content of the said document.
(2) Where any of the persons referred to in Paragraph (1) are illiterate, the notary shall appoint a sign-language interpreter, with the assistance of whom the content of the document shall be communicated to the deaf or deaf-mute person and the approval by the deaf or deaf-mute person of what is read shall be conveyed. The notary must satisfy himself or herself that the sign-language interpreter and the said persons understand each other.
(3) In the cases referred to in Paragraph (2), the notary shall make the relevant note in the act.
Incompatibility of Witnesses, Oral Interpreters and Sign-Language
Interpreters
Article 584. The following may not act as witnesses, oral interpreters and sign-language interpreters:
1. any persons who lack full capacity to act;
2. any persons who cannot read and write in the Bulgarian language;
3. any persons who are related to the persons referred to in Article 572 herein or to the notary in any of the manners specified in Article 575 herein; the sign-language interpreter may be a relative to a person participating in the proceeding;
4. any person in whose favour is any disposition contained in the act;
5. any blind, deaf and mute persons;
6. any persons employed in the notary's office and the employees of the Recording Office.
Participation of Witnesses, Oral Interpreters and Sign-Language
Interpreters
Article 585. (1) The witnesses, oral interpreters and sign-language interpreters shall promise that what they will affirm before the notary will be true, according to Article 170 herein.
(2) The persons referred to in Paragraph (1) shall sign the act.
Verification of Ownership
Article 586. (1) Upon the issuing of a notarial act whereby a right of ownership is transferred or another right in rem to a corporeal immovable is created, transferred, modified or terminated, the notary shall verify whether the grantor owns the said immovable and whether the special requirements for effecting of the transaction are fulfilled.
(2) The right of ownership shall be certified by the relevant document. Where such documents are not available to the grantor, the right of ownership shall be verified according to the procedure established by Article 587 (2) herein.
(3) In the act, the notary shall furthermore certify the performance of the verification referred to in Paragraph (1) and, to this end, shall specify the documents attesting the right of ownership and the other requirements.
(4) Where the document of ownership of the owner is not recorded, the notarial act shall not be issued until the recording of the said documentary proof.
Notarial Act of Ascertainment
Article 587. (1) Where the owner of an immovable does not have a document on the right thereof, the said owner may obtain such a document after establishing the right thereof before a notary by means of due written evidence.
(2) If the owner does have such evidence at the disposal thereof or if the said evidence is insufficient, the notary shall perform a circumstantial verification as to acquisition of the ownership by acquisitive prescription by means of an examination of three witnesses, named by the mayor of the municipality, borough or mayoralty wherein the immovable is located or by an official designated thereby. The witnesses shall be named at a direction of the owner and must be, as far as practicable, neighbours to the immovable.
(3) On the basis of the evidence referred to in Paragraphs (1) and (2), the notary shall render a reasoned decree. If the right of ownership is acknowledged by the said decree, the notary shall issue the petitioner a notarial act of ownership of the corporeal immovable.
Notarial Act of Ascertainment: Content
Article 588. (1) A notarial act of ascertainment shall contain:
1. the essential elements referred to in Items 1, 2 and 5 of Article 580 herein and signature of the notary;
2. the full name or the designation and the Standard Public Registry Personal Number of the owner;
3. exact description of the corporeal immovable, indicating the boundaries and the location thereof.
(2) Upon issuing of a notarial act of ascertainment, Article 578 (4) and (5), Articles 579, 581, 582 and 583 herein shall not apply.
Presentation of Private Document for Certification
Article 589. (1) Each person may present to the notary a private document for certification of the date of presentation of the said document before the notary or the content of the said document.
(2) Upon certification of a signature affixed to a private document, the persons whereof the signatures are subject to certification must appear in person before the notary and sign the document before the said notary or confirm the previously affixed signatures. Where the document is to be used for the creation, modification or termination of rights to an immovable, the persons must write out the full name thereof and affix the signature thereof before the notary, or if the signature is already affixed, write out the full name thereof and confirm the signature. Article 578 (4) and (5), Article 579 (2) and Articles 581 to 583 herein shall apply upon certification of a signature affixed to a private document.
(3) If the private document is in any language other than Bulgarian and is non-recordable, Article 582 herein shall apply, mutatis mutandis.
Certification of Private Document Date, Content and Signatures
Article 590. (1) The certification of the date, content and signatures of a private document shall be effected by means of an inscription on the document. Article 580 herein shall apply in this case, save insofar as there are any special rules.
(2) In respect of the certification of the date or signatures as effected, a note shall be made in a special register of such certifications. Upon certification of the content of a document, the petitioner must present a transcript of the said document. After the certification the transcript, duly authenticated, shall be filed in a special book.
(3) After the certification, the private documents shall be returned to the persons who have presented the said documents.
Certification of Document Transcript
Article 591. (1) Upon certification of the authenticity of a transcript of any documents presented to the notary, the notary shall be obligated to compare the transcript with the original and to specify in the certification who presented the document, who made the transcript, as well as whether the transcript was made from the original document or from another transcript and whether they contained any crossings, insertions, corrections and other peculiarities.
(2) In the case referred to in Paragraph (1), Article 589 (1) and Article 590 herein shall apply, mutatis mutandis.
Notarial Invitation
Article 592. (1) For the purpose of service of a notarial invitation, the petitioner must present the invitation in three identical copies. The notary shall note on each of the said copies that the invitation has been communicated to the person whom it concerns, whereupon one of the copies of the invitation shall be delivered to the person wherefrom the invitation originates, and the other copy shall be filed in a special book at the notary.
(2) Any other communications, warnings and answers in connection with civil-law relationships shall be effected through the notary according to the procedure established by Paragraph (1).
Memorandum of Ascertainment
Article 593. Upon certification of the appearance or non-appearance of persons before the notary for performance of any steps there before, a memorandum of ascertainment shall be drawn up. The consent or dissent of the appearing persons to the performance of the relevant steps shall be certified in the same manner. Article 580 herein shall apply to the drawing up of any such memorandum of ascertainment, save insofar as there are special rules. Any such memorandum of ascertainment shall be drawn up in two identical copies, which shall be signed by the petitioner and by the notary. One of the copies shall be filed in a special book, and the other copy shall be delivered to the petitioner, authenticated as a transcript.
Safekeeping of Documents and Papers
Article 594. (1) Upon acceptance by the notary of documents and papers for safekeeping, a memorandum of acceptance shall be drawn up in two identical copies, which shall be signed by the petitioner and by the notary. One copy shall be filed in a special register, and the other copy shall be delivered to the petitioner, authenticated as a transcript.
(2) A memorandum of delivery shall be drawn up upon the return of any documents and papers delivered for safekeeping, and the said memorandum shall be signed by the petitioner or by the applicant's heirs or an ad hoc attorney-in-fact, as the case may be. The said memorandum shall be filed in the register.

Chapter Fifty-Five
RECORDING OF LEGAL PERSONS

Scope of Application
Article 595. (1) The formation, transformation, placing in liquidation and dissolution of legal persons and the other recordable circumstances shall be recorded according to the procedure established by this Chapter, where a law provides for recording in a court register.
(2) The registers shall be kept by the district courts.
Recordable Circumstances
Article 596. (1) The following shall be recorded in the registers:
1. the type, designation, registered office and address of the legal person;
2. the objects;
3. the bodies and the persons who represent the legal persons, the manner of representation, as well as the liquidators;
4. other circumstances provided for in a law.
(2) Any changes in the circumstances indicated in Paragraph (1) shall be recorded as well.
(3) The recording shall be promulgated in the State Gazette where a law so provides.
Recording
Article 597. Recording shall be effected on the basis of a judgment of the court within whose geographical jurisdiction the registered office of the legal person is located. The said judgment shall contain the recordable circumstances. The recording shall have effect solely in respect of the recordable circumstances.
Public Access to Registers
Article 598. The registers and the case records shall be accessible to the general public, and any person may request searches for a circumstance recorded in the registers or issuing of a document on any such circumstance.
Effect of Recording
Article 599. (1) Any recorded circumstance shall be presumed known to bona fide third parties as from the day of the recording, and any circumstance which is subject to promulgation shall be presumed known to bona fide third parties as from the date of promulgation.
(2) Any bona fide third party may invoke the recording, even if the recorded circumstance does not exist.
(3) Any unrecorded circumstances shall be considered non-existent in respect of bona fide third parties.
(4) In the event of a discrepancy between a recorded and a promulgated circumstance, the third parties may invoke the promulgated circumstance unless it is established that the recorded circumstance was known to the said parties.
Legitimation
Article 600. A recording proceeding shall commence on a written motion by:
1. an empowered person;
2. a body empowered to form, transform or dissolve the legal person;
3. a liquidator.
Motion: Content
Article 601. (1) The motion shall contain:
1. the name and address of the movant;
2. the type, designation and registered office of the legal person;
3. the circumstance whereof the recording is sought.
(2) The requisite documents on the recordable circumstances, as well as specimen signatures of the persons who represent the legal person, shall be attached to the motion.
(3) Where dissolution of a legal person which has no successor is recorded, the certificate on delivery of the payrolls, issued by the local division of the National Social Security Institute, shall be attached to the motion.
Recording Proceeding
Article 602. (1) The motion for recording shall be examined in camera, unless the court deems it necessary to examine the said motion in public session or this is provided for in a law.
(2) The court shall verify the existence of the recordable circumstance and the admissibility of the recording of the said circumstance and shall render a judgment, which shall be served upon the petitioner.
Immediate Enforcement
Article 603. The judgment of recording shall be subject to immediate enforcement.
Expungement of Recorded Circumstance
Article 604. Where it is established according to an action procedure that the recording is inadmissible or null, as well as that a recorded circumstance is non-existent, the court shall expunge the recording or the relevant circumstance ex officio, acting on a motion by the prosecutor or by the interested party.
Corrections in Registers
Article 605. Corrections in the registers shall be effected on a motion by the bodies and persons covered under Article 600 herein or ex officio by the court according to the procedure established by Article 602 herein.
Appellate Review of Refusal
Article 606. Any judgment whereby a recording is refused shall be appealable by an interlocutory appeal before the appellate court.
Ordinance on Keeping and Safe Custody of Registers
Article 607. The Minister of Justice shall issue an ordinance on the keeping and safe custody of the registers of recordings.

PART SEVEN
SPECIAL RULES REGARDING PROCEEDINGS ON CIVIL CASES SUBJECT TO OPERATION
OF COMMUNITY LAW

(Effective 24.07.2007 - SG No. 59/2007)
Chapter Fifty-Six
COOPERATION WITHIN THE EUROPEAN UNION IN PROCEEDINGS IN CIVIL MATTERS
Section I
Service under Council Regulation (EC) No. 1348/2000 on the Service in
the Member Countries of Judicial and Extrajudicial Documents in Civil or
Commercial Matters

Service through Diplomatic Missions and Consular Posts
Article 608. Service under Article 13.1 of Council Regulation (EC) No. 1348/2000, which must be effected in the Republic of Bulgaria, shall be admissible where the addressee is a national of the Member State which effects the service.
Service by Post in Another Member State
Article 609. (1) Service under Article 14.1 of Council Regulation (EC) No. 1348/2000 in another Member State shall be effected on a motion by the party by means of a registered letter with an addressee's acknowledgment of receipt. The service, the refusal to accept or the circumstance that the addressee was not found at the address shall be certified by an addressee's acknowledgment of receipt.
(2) Any addressee, who cannot be found at the addressed named twice within one month, shall be presumed duly summoned if the person who moved for the service certifies by a search of records the residence registration, the registered office or the address of the place of management of the addressee.
(3) A party may move that service be effected through a postal-operator courier. In such case, the costs shall remain for the account of the party.
Service by Post in the Republic of Bulgaria
Article 610. (1) Service under Article 14.1 of Council Regulation (EC) No. 1348/2000 in the Republic of Bulgaria shall be effected by means of a registered letter with an addressee's acknowledgment of receipt.
(2) The document subject to service in the Republic of Bulgaria must be drawn up or accompanied by a translation into the Bulgarian language or any of the official languages of the originating Member State, if the addressee is a national of the said State.
Competent Authorities under Articles 2.1 and 2.2 of Council Regulation
(EC) No. 1348/2000
Article 611. (1) Upon service abroad of judicial communications and summonses, a transmitting agency shall be the court where before the case is pending.
(2) Upon service abroad of extrajudicial documents, a transmitting agency shall be the regional court exercising jurisdiction over the current or permanent address of the person who moved for the service or over the registered office of the said person, and in respect of notarized documents, a transmitting agency shall alternatively be the regional court within whose geographical jurisdiction the notary practises.
(3) Upon service in the Republic of Bulgaria, a receiving agency shall be the regional court within whose geographical jurisdiction the service must be effected.
(4) The receiving agency referred to in Article 7 of Council Regulation (EC) No. 1348/2000 shall effect the service through a court official or by post. Where there is no court institution in the nucleated settlement where the service must be effected, service may be effected care of the municipality or mayoralty.
Refusal to Accept by Reason of Document Language
Article 612. (1) Upon service abroad, the time limit where within the addressee may declare a refusal to receive the document under Article 8.1 of Council Regulation (EC) No. 1348/2000 shall be two weeks and shall begin to run as from the service of the document. The addressee must be informed of the said time limit by the transmitting agency.
(2) Upon service in the Republic of Bulgaria, the receiving agency shall inform the addressee that the said addressee has the right to refuse to accept the document to be served under Article 8.1 of Council Regulation (EC) No. 1348/2000.
(3) The addressee shall declare the refusal thereof under Article 8.1 of Council Regulation (EC) No. 1348/2000 to the foreign transmitting agency, where the communication has been served by post, or to the receiving agency wherethorugh the said communication has been served.
Service of Document from Abroad by Another Party to Dispute
Article 613. Service under Article 15.1 of Council Regulation (EC) No. 1348/2000 shall be inadmissible in the Republic of Bulgaria.

Section II
Taking of Evidence under Council Regulation (EC) No. 1206/2001 on
Cooperation between the Courts of the Member States in the Taking
of Evidence in Civil or Commercial Matters

Taking of Evidence in Member States of European Union
Article 614. Where taking of evidence must be performed under Council Regulation (EC) No. 1206/2001, the court may transmit a request to take evidence to the competent authority of the other Member State or, under the terms established by Article 17 of the Regulation, the court may request to take evidence directly.
Right to Participate
Article 615. Within the scope of Council Regulation (EC) No. 1206/2001, the Bulgarian court or an authorized member thereof may be present and participate in the taking of evidence by the court of the other Member State.
Direct Taking of Evidence
Article 616. (1) Direct taking of evidence in another Member State shall be performed by members of the court or by a person authorized by the court.
(2) The parties, representatives thereof and expert witnesses may participate in this proceeding, insofar as this is permitted by Bulgarian legislation.
Competent Authorities under Article 2.1 of Council Regulation (EC) No.
1206/2001
Article 617. (1) The requests for taking of evidence in the Republic of Bulgaria shall be submitted to the regional court within whose geographical jurisdiction the taking is to be performed.
(2) The district court within whose geographical jurisdiction the direct taking of evidence is to be performed shall be competent to authorize direct taking of evidence in the Republic of Bulgaria.
Language of Requests and Communications
Article 618. The requests from another Member State for the taking of evidence and the communications under Council Regulation (EC) No. 1206/2001 must be drawn up in the Bulgarian language or must be accompanied by a translation into the Bulgarian language.

Chapter Fifty-Seven
RECOGNITION OF AND ADMISSION TO ENFORCEMENT OF JUDGMENTS AND JUDICIAL
ACTS SUBJECT TO OPERATION OF COMMUNITY LAW
Section I
Certificates

Certificate of European Enforcement Order for Uncontested Claims
Article 619. (1) The certificate under Regulation (EC) No. 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims shall be issued upon a written application by the party to the first-instance court which has examined the case.
(2) The order whereby the application for the issuing of a certificate is granted shall be unappealable and shall not be communicated to the person against whom enforcement is sought.
(3) The order whereby the application for the issuing of a certificate is rejected in whole or in part shall be appealable by an interlocutory appeal, a transcript whereof shall not be presented for service.
(4) On a motion by the person against whom enforcement is sought, the court may rectify or withdraw the certificate in pursuance of Article 10 of Regulation (EC) No. 805/2004 of the European Parliament and of the Council.
Issuing of Certificate on Recognition of or Admission to Enforcement of
Bulgarian Judgment
Article 620. (1) The first-instance court which has examined the case shall, upon a written application by the party, issue a certificate of recognition of or admission to enforcement of a Bulgarian judgment of court in another Member State, where an act of the European Union so requires.
(2) A certificate referred to in Paragraph (1) shall also be issued by the first-instance court on a written application by the party where recognition of or admission to enforcement is to be sought in a State which is not a Member State of the European Union.

Section II
Proceeding for Recognition of and Admission to Enforcement of Judgments
and Acts

Direct Recognition
Article 621. (1) A judgment of court or another act shall be respected by the authority where before the said act is presented on the basis of a transcript authenticated by the rendering court, and a certificate of enforceability of the said act, where an act of the European Union so requires.
(2) The judgment within the scope of Article 21.2 of Council Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000, shall be recognized by the competent registration authorities.
Recognition according to Judicial Procedure
Article 622. (1) The interested party may approach the district court exercising jurisdiction over the permanent address of the opposing party or over the registered office thereof or, where the said party does not have a permanent address or registered office within the territory of the Republic of Bulgaria, over the permanent address or registered office of the interested party, with an application for recognition of the judgment according to the procedure established by Article 623 herein. Where the interested party, either, does not have a permanent address or registered office within the territory of the Republic of Bulgaria, the Sofia City Court shall be approached with the application.
(2) The judgment shall be respected and recognized on the basis of a transcript authenticated by the rendering court, and a certificate of enforceability of the said judgment.
(3) The order of recognition shall have the relevance of a judgment rendered in an action procedure.
(4) Where the outcome of the case depends in whole or in part on the recognition of a foreign judgment rendered in a Member State of the European Union, the court where before the case is pending shall be competent regarding the recognition.
Admission to Enforcement
Article 623. (1) An application for admission to enforcement of a judgment of court or another act rendered in another Member State of the European Union shall be submitted to the district court exercising jurisdiction over the permanent address of the person against whom enforcement is sought, over the registered office thereof, or over the place of enforcement. A transcript of the application shall not be presented for service on the person against whom enforcement is sought.
(2) The court shall examine the application in camera. The court shall verify the conditions for admission to enforcement solely on the basis of the copy of the judgment of court, the certificate and the translation thereof into the Bulgarian language.
(3) In the order whereby the application is granted, the court shall set a time limit for appeal of the said order by the person against whom enforcement is sought. Anticipatory enforcement of the order whereby the application is granted shall not be granted.
(4) In the order whereby the application is granted, the court shall also pronounce on the interim and precautionary measures sought.
(5) The judgment shall be appealable before the Supreme Court of Cassation according to the procedure applicable to intermediate appellate review.
Enforcement Pursuant to European Enforcement Order
Article 624. An application for the issuing of a writ of execution pursuant to a European Enforcement Order for an uncontested claim shall be submitted to the district court exercising jurisdiction over the permanent address of the person against whom enforcement is sought, over the registered office thereof, or over the place of enforcement.

Chapter Fifty-Eight
ENFORCEMENT PURSUANT TO REGULATION (EC) No. 1896/2006 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL CREATING A EUROPEAN ORDER FOR PAYMENT
PROCEDURE

Authority Competent to Issue European Order
Article 625. (1) An application for issuing of a European order for payment shall be submitted to the district court exercising jurisdiction over the permanent address of the debtor, over the registered office thereof, or over the place of enforcement.
(2) Where the possibility of examination of the case according to an action procedure is not ruled out, the respondent may make a recusal for territorial cognizance at the latest by the statement of opposition lodged thereby.
Transmittal of Case
Article 626. Where the statement of opposition has been lodged in due time, the court shall instruct the applicant who has not ruled out the possibility of examination of the case according to an action procedure to deposit the remainder of the stamp duty due in an account of the generically and territorially competent court. The court shall transmit ex officio the case records to the generically and territorially competent court.
Enforcement Pursuant to European Order
Article 627. (1) The application for the issuing of a writ of execution pursuant to a European Order for Payment, issued by another Member State, shall be submitted to the district court exercising jurisdiction over the permanent address of the debtor, over the registered office thereof, or over the place of enforcement.
(2) The judgment shall be appealable according to the procedure established by Article 623 (5) herein.

Chapter Fifty-Nine
REFERRAL OF QUESTIONS FOR PRELIMINARY RULINGS

National Court Competence
Article 628. Where the interpretation of a provision of Community law or the interpretation and validity of an act of the institutions of the European Union is relevant to the correct adjudication of the case, the Bulgarian court shall request the Court of Justice of the European Communities to give a ruling thereon.
Referral of Question
Article 629. (1) The question shall be referred by the court where before the case is pending, either ex officio or on a motion by the party.
(2) The court whereof the judgment is appealable, may not grant the motion of the party for referral of a question for a preliminary ruling on interpretation of a provision or act. Any ruling denying such a motion shall be unappealable.
(3) The court whereof the judgment is unappealable shall always refer a question for a preliminary ruling, except where the answer to the question arises clearly and unambiguously from a previous judgment of the Court of Justice of the European Communities or the meaning and import of the provision are so clear that they give no rise to any doubt whatsoever.
(4) The court shall always refer a question where the validity of an act referred to in Article 628 herein is at issue.
(5) Where the interpretation of Title IV "Visas, asylum, immigration and other policies related to free movement of persons" of the Treaty Establishing the European Community or the interpretation and validity of any acts adopted by virtue of the said Title of the Treaty is relevant to the correct adjudication of the case, solely the court whereof the judgment is unappealable may refer a question under Article 628 herein.
Content of Request
Article 630. (1) The request to the Court of Justice of the European Communities shall contain a description of the facts of the case, the applicable national law, an exact reference to the provision or act whereof the interpretation or validity is subject to the request, the reasons for which the court believes that the preliminary ruling requested is relevant to the correct adjudication of the case, as well a formulation of the specific question referred for a preliminary ruling.
(2) At its discretion, the court may also transmit a transcript of the case.
Stay and Resumption of Proceeding before National Court
Article 631. (1) Upon referral of the question, the court shall stay the proceeding in the matter of the case. Any such ruling shall be unappealable.
(2) The proceeding in the matter of the case shall be resumed after the pronouncement by the Court of Justice of the European Communities.
Precautionary and Interim Measures
Article 632. The court, acting on a motion by the parties, may decree appropriate precautionary and interim measures while the proceeding in the matter of the case is stayed.
Effect of Judgment on Request for Preliminary Ruling
Article 633. The judgment given by the Court of Justice of the European Communities shall be binding upon all courts and institutions in the Republic of Bulgaria.

TRANSITIONAL AND FINAL PROVISIONS
§ 1. (1) Any first-instance cases, instituted on statements of action received at the regional and district court prior to the entry into force of this Code, shall be completed at the same courts, regardless of the change of cognizance.
(2) Any cases on petitions to secure a future action, instituted prior to the entry into force of this Code, shall be examined at the same courts, regardless of the change of cognizance.
§ 2. (1) Any first-instance cases, instituted on statements of action received prior to the entry into force of this Code, shall be examined according to the hitherto effective procedure for examination of cases by the court of first instance.
(2) Any intermediate appellate review cases, instituted on appeals received prior to the entry into force of this Code, shall be examined according to the hitherto effective procedure for examination of cases by the court of intermediate appellate review instance.
(3) Any cassation cases, instituted on cassation appeals received prior to the entry into force of this Code, shall be examined according to the hitherto effective procedure for examination of cases by the court of cassation instance.
(4) (Effective 24.07.2007 - SG No. 59/2007) Any cassation appeals against intermediate appellate review judgments of the district courts on actions for remedy against wrongful dismissal under Items 1 to 3 of Article 344 (1) of the Labour Code and on actions for labour remuneration and compensation under an employment relationship with a cost of action above the amount referred to in Littera (a) of Article 218a (1) of the Code of Civil Procedure as superseded, lodged prior to the entry into force of this Code, shall be examined by the relevant appellate court according to the hitherto effective cassation procedure. Any cases instituted at the Supreme Court of Cassation, which have not been scheduled for examination, as well as any cases scheduled for examination after the 30th day of June 2008, shall be transmitted to the relevant appellate court, which shall examine the said cases according to the hitherto effective cassation procedure.
(5) Any public sales, advertised prior to the entry into force of this Code, shall be completed according to the hitherto effective procedure.
§ 3. (Effective 24.07.2007, in respect of the repeal of Chapter Thirty-Two A "Special Rules for the Recognition and Admission for Enforcement of Decisions of Foreign Courts and of Other Foreign Bodies" with Articles 307a to 307e and Part Seven "Proceedings Concerning Return of a Child or Exercise of the Right of Access" with Articles 502 to 507 - SG No. 59/2007) The Code of Civil Procedure (Promulgated in the Transactions of the Presidium of the National Assembly No. 12 of 1952; amended in No. 92 of 1952, No. 89 of 1953, No. 90 of 1955, No. 90 of 1956, No. 90 of 1958, Nos. 50 and 90 of 1961; corrected in No. 99 of 1961; amended in the State Gazette No. 1 of 1963, No. 23 of 1968, No. 27 of 1973, No. 89 of 1976, No. 36 of 1979, No. 28 of 1983, No. 41 of 1985, No. 27 of 1986, No. 55 of 1987, No. 60 of 1988, Nos. 31 and 38 of 1989, No. 31 of 1990, No. 62 of 1991, No. 55 of 1992, Nos. 61 and 93 of 1993, No. 87 of 1995, Nos. 12, 26, 37, 44 and 104 of 1996, Nos. 43, 55 and 124 of 1997, Nos. 21, 59, 70 and 73 of 1998, Nos. 64 and 103 of 1999, Nos. 36, 85 and 92 of 2000, No. 25 of 2001, Nos. 105 and 113 of 2002, Nos. 58 and 84 of 2003, Nos. 28 and 36 of 2004, Nos. 38, 42, 43, 79, 86, 99 and 105 of 2005, Nos. 17, 33, 34, 36. 37, 48, 51 and 64 of 2006) is hereby superseded.
§ 4. (1) The statutory instruments of secondary legislation, issued in pursuance of the Code of Civil Procedure as superseded, shall apply insofar as they do not conflict with this Code.
(2) (Effective 24.07.2007 - SG No. 59/2007) The Council of Ministers and the Minister of Justice shall issue the instruments referred to in Article 55, Article 73 (3), sentence two of Article 235 (5), Article 425, Item 7 of Article 444 and Article 489 (4) within six months after the promulgation of this Code in the State Gazette.
§ 5. The Administrative Procedure Code (Promulgated in the State Gazette No. 30 of 2006) shall be amended as follows:
1. In Article 182 (2), the words "shall incur liability according to Article 65 (1) of the Code of Civil Procedure" shall be replaced by "shall incur, regardless of the outcome of the case, the costs of the new hearing, of the taking of new evidence or of the re-taking of previously taken evidence, the costs incurred by the other party and of the attorney-in-fact thereof on appearance in the case, as well as shall pay an additional stamp duty to the amount of one-third of the initially paid stamp duty but not less than BGN 100."
2. In Article 189 (4), the words "shall incur liability under Article 65 (1) of the Code of Civil Procedure" shall be replaced by "shall incur, regardless of the outcome of the case, the costs of the new hearing, of the taking of new evidence or of the re-taking of previously taken evidence, the costs incurred by the other party and of the attorney-in-fact thereof on appearance in the case, as well as shall pay an additional stamp duty to the amount of one-third of the initially paid stamp duty but not less than BGN 100."
§ 6. The Tax and Social-Insurance Procedure Code (Promulgated in the State Gazette No. 105 of 2005, amended in Nos. 30, 33, 34, 59, 63, 73, 82, 86, 95 and 105 of 2006, No. 46 of 2007) shall be amended as follows:
1. In Article 56 (1), the words "Article 114" shall be replaced by "Article 176".
2. In Article 181, Paragraph (2) shall be amended to read as follows:
"(2) The person who complied with the obligation may proceed with coercive enforcement according to the procedure established by the Code of Civil Procedure on the basis of the act ascertaining the public receivable and the certificate issued under Paragraph (1) in the cases referred to in Item 1 of Article 180 (1) herein, as well as where the person who complied with the obligation has acceded, as co-execution debtor, to the public obligation with a validly dated express written consent of the obligated person."
3. In Article 206 (1), the words "Articles 345, 346 and 347, Article 354 (1), Articles 391, 392, 395, 396 and 397" shall be replaced by "Articles 451, 452 and 453, Article 459 (1), Articles 508, 509, 512, 513 and 514".
§ 7. The Private International Law Code (Promulgated in the State Gazette No. 42 of 2005) shall be amended as follows:
1. In Article 12 (1), the words "Article 83" shall be replaced by "Article 109".
2. In Article 14, the words "Article 84" shall be replaced by "Article 110".
3. In Article 19 (1), the words "Littera (d) of Article 80 (1)" shall be replaced by "Item 5 of Article 104".
4. In Article 21 (2), the words "Article 104" shall be replaced by "Article 211".
5. In sentence two of Article 23 (1), the words "not later than before the end of the first hearing of the case" shall be replaced by "within the time limit for answer to the statement of action".
6. In Article 24, the words "before the end of the first hearing of the case" shall be replaced by "within the time limit for answer to the statement of action".
7. In Article 30 (2), the words "Article 133" shall be replaced by "Article 164".
§ 8. The Labour Code (Promulgated in the State Gazette Nos. 26 and 27 of 1986; amended in No. 6 of 1988, Nos. 21, 30 and 94 of 1990, Nos. 27, 32 and 104 of 1991, Nos. 23, 26, 88 and 100 of 1992; modified by Constitutional Court Judgment No. 12 of 1995, promulgated in No. 69 of 1995; amended in No. 87 of 1995, Nos. 2, 12 and 28 of 1996, No. 124 of 1997, No. 22 of 1998; modified by Constitutional Court Judgment No. 11 of 1998, promulgated in No. 52 of 1998; amended in Nos. 56, 83, 108 and 133 of 1998, Nos. 51, 67 and 110 of 1999, No. 25 of 2001, Nos. 1, 105 and 120 of 2002, Nos. 18, 86 and 95 of 2003, No. 52 of 2004, Nos. 19, 27, 46, 76, 83 and 105 of 2005, and Nos. 24, 30, 48, 57, 68, 75, 102 and 105 of 2006, Nos. 40 and 46 of 2007) shall be amended as follows:
1. In Article 210 (5), the words "a writ of execution shall be issued on the basis of the order of the employer or the authority under sentence two of Paragraph (1) according to the procedure established by the Code of Civil Procedure" shall be replaced by "the employer shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure, regardless of the amount of the claim".
2. In Item 11 of Article 349 (2), the words "Article 395 (4)" shall be replaced by "Article 512 (4)".
§ 9. The Copyright and Neighbouring Rights Act (Promulgated in the State Gazette No. 56 of 1993; amended in No. 63 of 1994, No. 10 of 1998, No. 28 of 2000, No. 77 of 2002, Nos. 28, 43, 74, 99 and 105 of 2005, Nos. 29, 30 and 73 of 2006) shall be amended as follows:
1. In Article 95a (2), the words "Article 15 (3)" shall be replaced by "Article 26 (4)".
2. In Article 96a (2), the words "Articles 308 to 322" shall be replaced by "Articles 389 to 403", and the words "Article 317" shall be replaced by "Article 398".
§ 10. The Bar Act (Promulgated in the State Gazette No. 55 of 2004; amended in Nos. 43 and 79 of 2005, Nos. 10, 39 and 105 of 2006) shall be amended as follows:
1. Article 37 shall be amended to read as follows:
"Article 37. In respect of their claims arising from unrecovered remuneration and expenses, attorneys-at-law shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Civil Procedure Code regardless of the amount of the said claims."
2. In Article 62 (6), the words "Chapter Fifty-Two" shall be replaced by "Chapter Fifty-Five "Recording of Natural Persons"".
3. In Article 143, Paragraph (2) shall be amended to read as follows:
"(2) In the event outstanding expenses are not paid by the attorney-at-law sanctioned within one month of entry into force of the decision, the coercive enforcement of the decision in the part regarding the expenses shall be admitted on a motion by the Bar Council or by the Disciplinary Tribunal according to the procedure established by Article 418 of the Code of Civil Procedure. The attorney-at-law being shall be inscribed in the list of attorneys-at-law at fault with the college fund."
4. Article 145 shall be amended to read as follows:
"Article 145. The coercive enforcement of the decision whereby a disciplinary sanction of fine has been imposed shall be admitted on a motion by the Bar College according to the procedure established by Article 418 of the Code of Civil Procedure."
§ 11. The Administrative Violations and Sanctions Act (Promulgated in the State Gazette No. 92 of 1969; amended and supplemented in No. 54 of 1978, No. 28 of 1982, Nos. 28 and 101 of 1983, No. 89 of 1986, No. 24 of 1987, No. 94 of 1990, No. 105 of 1991, No. 59 of 1992, No. 102 of 1995, Nos. 12 and 110 of 1996, Nos. 11, 15, 59, 85 and 89 of 1998, Nos. 51, 67 and 114 of 1999, No. 92 of 2000, Nos. 25, 61 and 101 of 2002, No. 96 of 2004, Nos. 39 and 79 of 2005, Nos. 30, 33, 69 and 108 of 2006) shall be amended as follows:
1. Article 78 shall be amended to read as follows:
"Article 78. Where damages have been awarded, the coercive enforcement of the penalty decree shall be admitted on a motion by the person who is entitled to damages according to the procedure established by Article 418 of the Code of Civil Procedure."
2. In Article 83f (1), the words "Article 97 (4)" shall be replaced by "Article 124 (5)".
§ 12. The Bank Bankruptcy Act (Promulgated in the State Gazette No. 92 of 2002; amended in No. 67 of 2003, No. 36 of 2004, Nos. 31 and 105 of 2005, Nos. 30, 34 and 59 of 2006) shall be amended as follows:
1. Article 16 shall be amended to read as follows:
"Appellate Review of Judgments
Article 16. (1) The judgments referred to in Article 13 (1) and in Article 14 herein shall be subject to intermediate appellate review and cassation appellate review according to the standard procedure. The time limit for intermediate appellate review shall be seven days. The right of appeal shall vest in the conservators of the bank and the Central Bank, and the right to protest shall vest in the prosecutor.
(2) An appellate review of a judgment under Article 13 (1) shall not stay the enforcement thereof.
(3) The intermediate appellate review court shall institute the case on the day of receipt of the appeal or on the next working day at the latest and shall examine the said appeal, rendering judgment within one month after institution of the case.
(4) Upon reversal of the judgment on the initiation of bankruptcy proceedings, all consequences arising from the effect of the said judgment shall be deleted, reckoned from the effective date of the judgment on reversal, and the powers of the bankruptcy bodies shall be terminated.
(5) The judgment whereby a judgment referred to in Article 13 (1) or in Article 14 herein is reversed shall be recorded in the Commercial Register."
2. In Article 39:
(a) in Paragraph (4), the words "Chapter Nineteen" shall be replaced by "Chapter Twenty-One "Appellate Review of Rulings"";
(b) in Paragraph (5), the words "Article 218j" shall be replaced by "Chapter Twenty-One "Appellate Review of Rulings"".
3. In Article 47 (1), the words "cassation appellate review according to the procedure established by Articles 218b to 218j of" shall be replaced by "appellate review according to the standard procedure established by".
4. In Article 57, Paragraph (5) shall be amended to read as follows:
"(5) When the credit is not repaid on maturity, the trustee in bankruptcy shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account."
5. In Article 76:
(a) in Paragraph (1), the words "Article 372 (3)" shall be replaced by "Article 482 (3)";
(b) in Paragraph (2), the words "Article 387" shall be replaced by "Article 499".
6. In Article 89, the words "Articles 332 to 335" shall be replaced by "Articles 435 to 438".
7. In Article 99 (4), the words "Articles 214 to 217" shall be replaced by "Chapter Twenty-One "Appellate Review of Rulings"".
§ 13. In the Bulgarian National Bank Act (Promulgated in the State Gazette No. 46 of 1997; amended in Nos. 49 and 153 of 1998, Nos. 20 and 54 of 1999, No. 109 of 2001, No. 45 of 2002, Nos. 10 and 39 of 2005, Nos. 37, 59 and 108 of 2006) in Article 53, Paragraph (2) shall be amended to read as follows:
"(2) The Bulgarian National Bank shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Civil Procedure Code on the basis of an abstract of the books of accounts of the said Bank, whereby the defaulted receivables thereof, including any interest due, are ascertained."
§ 14. In the Religious Denominations Act (Promulgated in the State Gazette No. 120 of 2002; amended in No. 33 of 2006) in Article 15 (1), the words "Chapter Forty-Six" shall be replaced by "Chapter Forty-Nine "General Rules"".
§ 15. The Water Act (Promulgated in the State Gazette No. 67 of 1999; amended in No. 81 of 2000, Nos. 34, 41 and 108 of 2001, Nos. 47, 74 and 91 of 2002, Nos. 42, 69, 84 and 107 of 2003, Nos. 6 and 70 of 2004, Nos. 18, 77 and 94 of 2005, Nos. 29, 30, 36, 65, 66, 105 and 108 of 2006) shall be amended as follows:
1. In Article 202 (4), the words "Article 31" shall be replaced by "Article 26 (4)".
2. In Article 203, the words "with the amounts due being collected according to the procedure established by Littera (j) of Article 237 of the Code of Civil Procedure proceeding from an abstract of the bills" shall be replaced by "with the provider of the service having the option to move for the issuance of an execution order under Article 410 (1) of the Civil Procedure Code regardless of the amount of the obligation".
§ 16. In the Act Restoring Ownership of Forests and Forest Stock Land Tracts (Promulgated in the State Gazette No. 110 of 1997; amended in Nos. 33, 59 and 133 of 1998, No. 49 of 1999, Nos. 26 and 36 of 2001, Nos. 45, 63 and 99 of 2002, No. 16 of 2003, No. 30 of 2006, Nos. 13 and 24 of 2007) in Article 15 (4) and (5), the words "Article 18 (2) and Littera (a) and (c) of Article 20 (1)" shall be replaced by "Article 30 (3) and Article 32 (1) and (3)".
§ 17. In the Civil Registration Act (Promulgated in the State Gazette No. 67 of 1999; amended in Nos. 28 and 37 of 2001, No. 54 of 2002, No. 63 of 2003, Nos. 70 and 96 of 2004, No. 30 of 2006, No. 48 of 2007) in Article 19 (2), the words "the summary proceedings under" shall be replaced by "Chapter Fifteen "Ascertainment of Facts" of".
§ 18. In the Value Added Tax Act (Promulgated in the State Gazette No. 63 of 2006; amended in Nos. 86, 105 and 108 of 2006; modified by Constitutional Court Judgment No. 7 of 2007, promulgated in No. 37 of 2007; amended in No. 41 of 2007) Article 131 shall be amended as follows:
1. In Paragraph (3), the words "and by the Code of Civil Procedure" shall be deleted.
2. In Paragraph (4), the words "or, respectively, according to the procedure established by Article 382 (1) or (3) and Article 371 (1) or (4) of the Code of Civil Procedure" shall be deleted.
§ 19. In the State Property Act (Promulgated in the State Gazette No. 44 of 1996; amended in No. 104 of 1996, Nos. 55, 61 and 117 of 1997, Nos. 93 and 124 of 1998, No. 67 of 1999, Nos. 9, 12, 26 and 57 of 2000, No. 1 of 2001, modified by Constitutional Court Judgment No. 7 of 2001, promulgated in No. 38 of 2001; amended in No. 45 of 2002, No. 63 of 2003, Nos. 24 and 93 of 2004, No. 32 of 2005, Nos. 17, 30, 36, 64 and 105 of 2006, No. 41 of 2007) in Article 38 (5), the words "Article 41 (5) and the time limit referred to in Article 157 (1)" shall be replaced by "Article 56 (3) and the time limit referred to in Article 199".
§ 20. The Public Financial Inspection Act (Promulgated in the State Gazette No. 33 of 2006; amended in No. 59 of 2006) shall be amended as follows:
1. In Article 22:
(a) there shall be inserted a new Paragraph (5) to read as follows:
"(5) The findings of fact in the deficit deed shall be considered true until proven otherwise.";
(b) the existing Paragraph (5) shall be renumbered to become Paragraph (6).
2. In Article 27, Paragraph (4) shall be amended to read as follows:
"(4) On the basis of the deficit deed, an immediate enforcement order shall be issued according to the procedure established by Article 418 of the Civil Procedure Code."
§ 21. In the Civil Servants Act (Promulgated in the State Gazette No. 67 of 1999; amended in No. 1 of 2000, Nos. 25, 99 and 110 of 2001, No. 45 of 2002, No. 95 of 2003, No. 70 of 2004, No. 19 of 2005, Nos. 24, 30 and 102 of 2006) in Item 10 of Article 112 (1), the words "Article 395 (4)" shall be replaced by "Article 512 (4)".
§ 22. The Energy Act (Promulgated in the State Gazette No. 107 of 2003; amended in No. 18 of 2004, Nos. 18 and 95 of 2005, Nos. 30, 65 and 74 of 2006, No. 49 of 2007) shall be amended as follows:
1. Article 107 shall be amended to read as follows:
"Article 107. The public provider, the electricity system operator, the public suppliers, the suppliers of last resort, the transmission company and the distribution companies shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure for the receivables thereof for electricity provided or transmitted, as well as for the services rendered thereby under this Act, regardless of the amount of the said receivables."
2. Article 154 shall be amended to read as follows:
"Article 154. In respect of the liabilities of any customers, who are defaulting payers, and of the association referred to in Article 151 (1) herein to the heat transmission company, an enforcement order may be issued under Article 410 (1) of the Code of Civil Procedure, regardless of the amount of the said liabilities. An equalizing bill for the respective year for which the liability applies must have been prepared in respect of the liabilities of any customers with application of a share distribution system, who are defaulting payers."
3. In Article 184, the words "may collect the receivables thereof for natural gas from defaulting payers according to the procedure established by Littera (j) of Article 237 the Code of Civil Procedure on the basis of abstracts of the bills" shall be replaced by "shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure for the receivables thereof for supply of natural gas regardless of the amount of the said receivables".
§ 23. The Obligations and Contracts Act (Promulgated in the State Gazette No. 275 of 1950; corrected in Transactions of the Presidium of the National Assembly No. 2 of 1951; amended in No. 69 of 1951, No. 92 of 1952; State Gazette No. 85 of 1963, No. 27 of 1973, No. 16 of 1977, No. 28 of 1982, No. 30 of 1990, Nos. 12 and 56 of 1993, Nos. 83 and 104 of 1996, Nos. 83 and 103 of 1999, No. 34 of 2000, No. 19 of 2003, Nos. 42 and 43 of 2005, No. 36 of 2006) shall be amended and supplemented as follows:
1. In Article 37, the words "with notarized signature" shall be replaced by "with notarial certification of the signature and the contents, performed simultaneously".
2. Article 160 shall be amended to read as follows:
"Article 160. Where a secured claim is monetary or liquidated damages in cash have been agreed for it, if the pledge is created by a contract in writing or is provided by operation of law for securing claims which arise from a contract in writing, the creditor shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure."
3. Article 165 shall be amended to read as follows:
"Article 165. A creditor who has a pledge on a claim shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure under the terms and according to the procedure established by Article 160 herein and shall be satisfied preferentially according to the procedure for reversal of the enforcement of a claim."
4. In Article 173, Paragraph (3) shall be amended to read as follows:
"(3) If a claim is for a specific amount of money, or if liquidated damages in cash have been agreed for it, the creditor shall have the option to move, on the basis of the act on recording of the mortgage, for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure."
§ 24. (Effective 24.07.2007 - SG No. 59/2007) The Child Protection Act (Promulgated in the State Gazette No. 48 of 2000; amended in Nos. 75 and 120 of 2002, Nos. 36 and 63 of 2003, Nos. 70 and 115 of 2004, Nos. 28, 94 and 103 of 2005, Nos. 30, 38 and 82 of 2006) shall be amended as follows:
1. In Article 4 (1), there shall be added a new Item 12 to read as follows:
"12. taking of measures of a provisional character for the protection of a child in the cases and under the terms established by Article 12 of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for Protection of Children, done at The Hague on the 19th day of October 1996 (ratified by law, promulgated in the State Gazette No. 9 of 2006) (Convention promulgated in the State Gazette No. 15 of 2007) hereinafter referred to as "the Convention of 1996"."
2. In Article 21, there shall be added a new Paragraph (3) to read as follows:
"(3) In pursuance of Article 35, paragraph 2 of the Convention of 1996, the Social Assistance Directorate, exercising competence over the permanent address of the parent who has approached the relevant competent authority with a request to obtain or to maintain access to the child who does not habitually reside in the Republic of Bulgaria, shall gather information or evidence and shall make a finding on the suitability of that parent to exercise the rights of access, as well as on the conditions under which access is to be exercised."
3. There shall be inserted a new Chapter Three A with Articles 22a to 22g and a new Chapter Three B with Articles 22h to 22m, to read as follows:
"Chapter Three A
PROCEEDINGS CONCERNING RETURN OF A CHILD OR EXERCISE OF RIGHTS OF ACCESS
Article 22a. (1) An application for the return of a child or for the exercise of rights of access under the Hague Convention on the Civil Aspects of International Child Abduction, done at The Hague on the 25th day of October 1980 (ratified by law, promulgated in the State Gazette No. 20 of 2003) (Convention promulgated in the State Gazette No. 82 of 2003), hereinafter referred to as "the Hague Convention", shall be examined by the Sofia City Court in public session with the participation of:
1. the Ministry of Justice or the applicant;
2. the interested parties;
3. a prosecutor.
(2) The Social Assistance Directorate with the municipality wherein the child has its current address shall submit an opinion in the proceeding under Paragraph (1). The court shall hear the child in accordance with Article 15 herein.
(3) The Ministry of Justice shall represent the applicant, where application has been lodged care of the said Ministry. The said Ministry may appoint a representative to act on its behalf.
Article 22b. The court, acting on a motion as submitted or ex officio, may rule on a suitable provisional measure for the protection of the child for the purpose of avoiding any further dangers to the child or detriment to the parties.
Article 22c. (1) The court shall render judgment within one month after submission of the application.
(2) In the proceeding under Article 22a (1), the court shall not examine the question of exercise of the rights of custody on the merits.
Article 22d. (1) The judgment of the Sofia City Court shall be appealable by the persons covered under Article 22a (1) before the Sofia Appellate Court.
(2) Within one month after lodgment of any such appeal, the court shall render judgment which shall be final.
Article 22e. In this proceeding, the court may take evidence of its own motion, as well as assist the parties in exercising their procedural rights.
Article 22f. Where a foreign court applies Article 15 of the Hague Convention, the Bulgarian authority competent to determine that the removal or retention of a child was wrongful shall be the court which has examined or is examining the questions regarding the rights of custody, or the Ministry of Justice, where the said questions have not been a subject matter of a court proceeding.
Article 22g. (1) The rules of this Chapter shall furthermore apply, mutatis mutandis, in respect of the Convention of 1996 concerning parental responsibility and measures for the protection of children.
(2) In the cases and under the terms of Articles 8, 9 and 13 of the Convention of 1996, the competent court first seised, if it considers that this is in the child's best interests, may decline jurisdiction in favour of a foreign court second seised or accept to examine the case and render judgment, where the foreign court first seised has declined jurisdiction in favour of the said competent court.
(3) In the cases referred to in Paragraph (2), the judgment rendered by the foreign court shall be recognizable and enforceable according to the procedure established by Chapter Three B.
Chapter Three B
SPECIAL RULES FOR RECOGNITION AND ADMISSION TO ENFORCEMENT OF DECISIONS OF FOREIGN COURTS AND OF OTHER FOREIGN AUTHORITIES CONCERNING CUSTODY AND MEASURES FOR THE PROTECTION OF CHILDREN
Article 22h. (1) An application for recognition and admission to enforcement of a decision of a foreign court or another foreign authority concerning the exercise of rights of custody and restoration of the exercise of rights of custody upon improper removal of a child, based on the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 1980, done at Luxembourg on the 20th day of May 1980 (ratified by law, promulgated in the State Gazette No. 21 of 2003) (Convention promulgated in the State Gazette No. 104 of 2003), hereinafter referred to as "Luxembourg Convention", shall be examined by the Sofia in public session with the participation of:
1. the Ministry of Justice;
2. the parties to the foreign decision;
3. a prosecutor.
(2) Paragraph (1) shall not apply where the applicant has seised the court directly.
(3) The Social Assistance Directorate with the municipality wherein the child has its current address shall submit an opinion in the proceeding under Paragraph (1). The court shall hear the child in accordance with Article 15 herein.
(4) The court, acting on a motion as submitted or ex officio, may rule on a suitable provisional measure for the protection of the child for the purpose of avoiding any further dangers to the child or detriment to the parties.
Article 22i. (1) The court shall suspend the proceeding under Article 22g (1) herein where:
1. the decision is subject to appeal;
2. a proceeding on the merits of the dispute, which has commenced before the proceeding in the State of origin of the decision whereof the recognition and/or admission to enforcement is applied for, is pending before a Bulgarian court;
3. another decision concerning the exercise of the rights of custody is the subject of a proceeding for recognition and/or admission to enforcement of the said decision.
(2) In the cases referred to in Item 2 of Paragraph (1), the court shall immediately notify the relevant court, which shall be obligated to pronounce within one month after notification.
Article 22j. (1) The court shall render judgment within one month after submission of the application.
(2) The judgment of the court shall be appealable before the Sofia Appellate Court.
(3) The Sofia Appellate Court shall render judgment within the time limit referred to in Paragraph (1). The said judgment shall be final.
Article 22k. (1) Recognition and enforcement of a decision on exercise of the rights of custody, rendered after the removal of the child, may be applied for according to the procedure established by this Chapter, if the said removal has been declared improper by the said decision.
(2) A recognition and enforcement of the decision of another State party to the Luxembourg Convention shall be refused in the cases covered by Articles 8 and 9, where the grounds provided under Article 10, paragraph 1 of the Convention exist.
(3) A recognition and enforcement of the decision shall be admitted solely in so far as the said decision is enforceable in the State of origin of the said decision.
Article 22l. Save in so far there are no special rules concerning this proceeding, the standard action proceeding rules in the Code of Civil Procedure shall apply.
Article 22m. The rules of this Chapter shall furthermore apply, mutatis mutandis, in respect of the Convention of 1996 concerning the recognition and enforcement of decisions of foreign courts and of other foreign authorities."
4. In Article 25, there shall be added a new Item 5 to read as follows:
"5. in the cases covered under Article 11 of the Convention of 1996."
§ 25. The Consumer Protection Act (Promulgated in the State Gazette No. 99 of 2005; amended in Nos. 30, 51, 53, 59, 105 and 108 of 2006, Nos. 31 and 41 of 2007) shall be amended and supplemented as follows:
1. In Article 186 (1), there shall be added the following sentence two: "Any such action shall be examined according to the procedure established by Chapter Thirty-Three "Proceedings on Class Actions" of the Code of Civil Procedure."
2. Article 186b shall be repealed.
3. In Article 188, Paragraphs (2) and (3) shall be repealed.
4. In Article 189:
(a) Paragraphs (2) and (3) shall be repealed;
(b) Paragraph (5) shall be repealed.
5. Article 190a shall be repealed.
§ 26. The Protection Against Discrimination Act (Promulgated in the State Gazette No. 86 of 2003; amended in No. 70 of 2004, No. 105 of 2005, Nos. 30 and 68 of 2006) shall be amended as follows:
1. In Article 61:
(a) in Paragraph (2), the words "Article 105 (3)" shall be replaced by "Article 136";
(b) in Paragraph (3), the words "Chapter Three" shall be replaced by "Articles 22 to 24".
2. In Article 71 (3), the words "Article 174" shall be replaced by "Article 218".
§ 27. In the Health Insurance Act (Promulgated in the State Gazette No. 70 of 1998; amended in Nos. 93 and 153 of 1998, Nos. 62, 65, 67, 69, 110 and 113 of 1999, Nos. 1, 31 and 64 of 2000, No. 41 of 2001, Nos. 1, 54, 74, 107, 112, 119 and 120 of 2002, Nos. 8, 50, 107 and 114 of 2003, Nos. 28, 38, 49, 70, 85 and 111 of 2004, Nos. 39, 45, 76, 99, 102, 103 and 105 of 2005, Nos. 17, 18, 30, 33, 34, 59, 95 and 105 of 2006, No. 11 of 2007, modified by Constitutional Court Judgment No. 3 of 2007, promulgated in No. 26 of 2007; amended in Nos. 31 and 46 of 2007) in Article 111, Paragraph (2) shall be amended to read as follows:
"(2) In respect of the amount due under Paragraph (1), the Regional Health Insurance Fund shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said Fund."
§ 28. In the Mortgage Bonds Act (Promulgated in the State Gazette No. 83 of 2000; amended in No. 59 of 2006) in Article 22 (2), the words "Articles 375 to 389" shall be replaced by "Articles 486 to 501".
§ 29. The Cadastre and Property Register Act (Promulgated in the State Gazette No. 34 of 2000; amended in Nos. 45 and 99 of 2002, No. 36 of 2004, Nos. 39 and 105 of 2005, Nos. 29 and 30 of 2006) shall be amended as follows:
1. In Article 87, the words "Chapter Forty-Six" shall be replaced by "Chapter Forty-Nine "General Rules"".
2. In Article 88, the words "Article 431 (2) and (3)" shall be replaced by "Article 537 (2) and (3)".
3. In Article 89, the words "Article 192 (2)" shall be replaced by "Article 247".
§ 30. In the Chambers of Architects and Engineers in Project Development Design Act (Promulgated in the State Gazette No. 20 of 2003; amended in No. 65 of 2003, No. 77 of 2005, Nos. 30 and 79 of 2006) in Article 30, the words "to obtain writs of execution under the provisions of Chapter Twenty-Three of the Code of Civil Procedure" shall be replaced by "to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said receivables.
§ 31. In the Concessions Act (Promulgated in the State Gazette No. 36 of 2006; amended in Nos. 53, 65 and 105 of 2006, No. 41 of 2007) in Article 89 (2), the words "Article 41 (5)" shall be replaced by "Article 56 (3)".
§ 32. In the Credit Institutions Act (Promulgated in the State Gazette No. 58 of 2006; amended in No. 105 of 2006) in Article 60 (2), the words "shall be entitled to obtain a writ of execution according to a statement of account for the whole amount due" shall be replaced by "shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account thereof."
§ 33. In the Marks and Geographical Indications Act (Promulgated in the State Gazette No. 81 of 1999; corrected in No. 82 of 1999; amended in Nos. 28, 43, 94 and 105 of 2005, Nos. 30, 73 and 96 of 2006) Article 76g shall be amended as follows:
1. The heading shall be amended to read as follows: "Interim Measures".
2. In Paragraph (1), in the text before Item 1, the words "the person in regard of whom the injunction is requested" shall be replaced by "the respondent party".
3. In Paragraph (2), the word "injunctions" shall be replaced by "interim measures", the words "Articles 308 to 322" shall be replaced by "Articles 389 to 403", and the words "Article 317" shall be replaced by "Article 398".
4. In Paragraph (3), the word "injunction" shall be replaced by "interim measure".
5. In Paragraph (4), in sentence one, the word "injunctions" shall be replaced by "interim measures", the words "state or private law enforcement" shall be replaced by "enforcement", and the words "admission of the injunction" shall be replaced by "imposition of the measure", and in sentence two, the word "injunction" shall be replaced by "interim measure".
6. In Paragraph (5), the word "injunctions" shall be replaced by "interim measures".
7. In Paragraph (6), the word "injunction" shall be replaced by "interim measure".
§ 34. The International Commercial Arbitration Act (Promulgated in the State Gazette No. 60 of 1988; amended in No. 93 of 1993, No. 59 of 1998, No. 38 of 2001, No. 46 of 2002; modified by Constitutional Court Judgment No. 9 of 2002, promulgated in No. 102 of 2002) shall be amended as follows:
1. In sentence one of Article 8 (1), the words "at the first court meeting" shall be replaced by "within the time limit for answer to the statement of action".
2. In Article 16 (1), the words "Articles 126b and 126c" shall be replaced by "Article 71".
3. In Article 48 (3), the words "Articles 54 and 55" shall be replaced by "Article 71".
4. In Article 51, Paragraph (3) shall be amended to read as follows:
"(3) The actions for recognition and admission to enforcement of foreign arbitration awards and of the settlements reached before foreign arbitration courts on arbitration cases shall be brought, unless otherwise provided for in an international treaty whereto the Republic of Bulgaria is a party, before the Sofia City Court, and Articles 118 to 122 of the Private International Law Code shall apply, mutatis mutandis, to the consideration of any such actions, with the exception of the right of the execution debtor to raise a defence of extinguishment of the claim."
§ 35. In the Customs Act (Promulgated in the State Gazette No. 15 of 1998; amended in Nos. 89 and 153 of 1998, Nos. 30 and 83 of 1999, No. 63 of 2000, No. 110 of 2001, No. 76 of 2002, Nos. 37 and 95 of 2003, No. 38 of 2004, Nos. 45, 86, 91 and 105 of 2005, Nos. 30 and 105 of 2006) shall be amended as follows:
1. In Item 9 of Article 14 (1), the words "Article 64 (5)" shall be replaced by "Article 78 (6) and (8)".
2. In Article 211j (1), the words "Article 231" shall be replaced by "Article 303".
§ 36. In the Succession Act (Promulgated in the State Gazette No. 22 of 1949; corrected in No. 41 of 1949; amended in No. 275 of 1950, No. 41 of 1985, No. 60 of 1992, modified by Constitutional Court Judgment No. 4 of 1996, promulgated in No. 21 of 1996; amended in No. 104 of 1996, No. 117 of 1997, No. 96 of 1999, No. 34 of 2000) in Article 24 (2), the words "Article 474 (1) and (2)" shall be replaced by "Article 578 (1) and (2)".
§ 37. The Notaries and Notarial Practice Act (Promulgated in the State Gazette No. 104 of 1996; amended in Nos. 117, 118 and 123 of 1997, No. 24 of 1998, No. 69 of 1999, No. 18 of 2003, Nos. 29 and 36 of 2004, Nos. 19 and 43 of 2005, Nos. 30, 39 and 41 of 2006) shall be amended as follows:
1. In Article 50, the words "Articles 41 to 52" shall be replaced by "Articles 37 to 58".
2. Article 61 shall be amended to read as follows:
"Coercive Enforcement
Article 61. In respect of the sums due, the Notary Chamber of Bulgaria shall have the option, acting on a resolution of the General Meeting, to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said sums."
3. In Article 89, Paragraph (3) shall be amended to read as follows:
"(3) In respect of any unpaid notarial fees, the notary shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said fees."
§ 38. In the Indemnification of Nationalized Property Owners Act (Promulgated in the State Gazette No. 107 of 1997; modified by Constitutional Court Judgment No. 4 of 1998, promulgated in No. 30 of 1998; amended in Nos. 45, 88 and 135 of 1998, No. 12 of 1999, No. 9 of 2000; corrected in No. 10 of 2000; amended in No. 99 of 2000, No. 25 of 2001, Nos. 28, 45, 47 of 2002, No. 112 of 2003, No. 101 of 2004, No. 24 of 2006) in Article 6, Paragraph (12) shall be repealed.
§ 39. In the Public Procurement Act (Promulgated in the State Gazette No. 28 of 2004; amended in No. 53 of 2004, Nos. 31, 34 and 105 of 2005, Nos. 18, 33, 37 and 79 of 2006) in Article 122b (2), the words "Article 41 (5)" shall be replaced by "Article 56 (3)".
§ 40. In the Municipal Property Act (Promulgated in the State Gazette No. 44 of 1996; amended in No. 104 of 1996, No. 55 of 1997, Nos. 22 and 93 of 1998, Nos. 23, 56, 64, 67, 69 and 96 of 1999, No. 26 of 2000, No. 34 of 2001, No. 120 of 2002, No. 101 of 2004, Nos. 29, 30 and 36 of 2006) in Article 27 (3), the words "Article 41 (5) and the time limit referred to in Article 157 (1)" shall be replaced by "Article 56 (3) and the time limit referred to in Article 199".
§ 41. The Registered Pledges Act (Promulgated in the State Gazette No. 100 of 1996; amended in No. 86 of 1997, No. 42 of 1999, Nos. 19 and 58 of 2003, Nos. 34 and 43 of 2005, Nos. 30 and 34 of 2006) shall be amended as follows:
1. In Article 35:
(a) Paragraph (1) shall be amended to read as follows:
"(1) Where the pledgor does not duly cooperate for the foreclosure on the pledged property or for its conservation, the pledgee, proceeding from an abstract from the registry of a recorded security interest and a recording of commencement of foreclosure, shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure. The delivery of the pledged property shall follow the procedure established by Article 521 of the Civil Procedure Code.";
(b) in Paragraph (2), the words "the public or private enforcement" shall be replaced by "the enforcement".
2. Article 36 shall be amended to read as follows:
"Challenge of Rights
Article 36. In the foreclosure proceeding, the pledgor may challenge the debt or the security interest according to the procedure established by Article 439 of the Code of Civil Procedure."
3. In Article 37 (4), the words "Article 372" shall be replaced by "Article 482".
4. In Article 40 (2), the words "Article 372" shall be replaced by "Article 482".
5. In Article 41 (2), the words "Article 217" shall be replaced by "Article 278".
6. In Article 42, the words "Article 369" shall be replaced by "Article 464".
§ 42. The Republic of Bulgaria Defence and Armed Forces Act (Promulgated in the State Gazette No. 112 of 1995; amended in No. 67 of 1996, No. 122 of 1997, Nos. 70, 93, 152 and 153 of 1998, Nos. 12, 67 and 69 of 1999, Nos. 49 and 64 of 2000, No. 25 of 2001, Nos. 1, 40, 45 and 119 of 2002, Nos. 50, 86, 95 and 112 of 2003, Nos. 93 and 111 of 2004, Nos. 27, 38, 76, 88, 102 and 105 of 2005, Nos. 30, 36, 56, 82, 91 and 102 of 2006, No. 11, 41 and 46 of 2007) shall be amended as follows:
1. In Article 300, Paragraph (3) shall be amended to read as follows:
"(3) In respect of the costs referred to in Paragraphs (1) and (2), the relevant competent authority, designated by the Minister of Defence, shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said authority."
2. In Article 300a, Paragraph (2) shall be amended to read as follows:
"(2) In respect of the costs referred to in Paragraph (1), the relevant competent authority, designated by the Minister of Defence, shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said authority."
§ 43. In the Criminal Assets Forfeiture Act (Promulgated in the State Gazette No. 19 of 2005; amended in Nos. 86 and 105 of 2005, Nos. 33 and 75 of 2006) in Article 28 (5), the words "Article 87 (4)" shall be replaced by "Article 124 (5)".
§ 44. In the Patents and Utility Models Registration Act (Promulgated in the State Gazette No. 27 of 1993; amended in No. 83 of 1996, No. 11 of 1998, No. 81 of 1999, Nos. 45 and 66 of 2002, No. 17 of 2003, Nos. 30 and 64 of 2006, No. 31 of 2007) in Article 67 (4), sentence two shall be amended to read as follows: "Non-payment of this fee may not serve as grounds to suspend procedures, but the receiving office shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said office."
§ 45. In the Agricultural Producers Support Act (Promulgated in the State Gazette No. 58 of 1998; amended in Nos. 79 and 153 of 1998, Nos. 12, 26, 86 and 113 of 1999, No. 24 of 2000, Nos. 34 and 41 of 2001, Nos. 46 and 96 of 2002, No. 18 of 2004, Nos. 14 and 105 of 2005, Nos. 18, 30, 34, 59, 96 and 108 of 2006, No. 13 of 2007) in Article 27, Paragraph (2) shall be amended to read as follows:
"(2) In respect of the receivables thereof from natural and legal persons, the Fund shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said Fund. Any such receivables shall be collected by the State Receivables Collection Agency."
§ 46. The Political Parties Act (Promulgated in the State Gazette No. 28 of 2005; amended in No. 102 of 2005, Nos. 17 and 73 of 2006) shall be amended as follows:
1. In Article 18, Paragraph (1) shall be amended to read as follows:
"(1) Any judgment on the application for registration shall be appealable or protestable before the Supreme Court of Cassation within seven days after learning of the said judgment regardless of the prerequisites for cassation appealability covered under Article 280 (1) of the Code of Civil Procedure."
2. In Article 41:
(a) Paragraph (1) shall be amended to read as follows:
"(1) The Sofia City Court judgment referred to in Article 40 herein shall be appealable before the Supreme Court of Cassation regardless of the prerequisites for cassation appealability covered under Article 280 (1) of the Code of Civil Procedure.";
(b) in Paragraph (2), the words "Article 231" shall be replaced by "Article 303".
§ 47. In the Privatization and Post-privatization Control Act (Promulgated in the State Gazette No. 28 of 2002; amended in No. 78 of 2002, Nos. 20 and 31 of 2003; modified by Constitutional Court Judgment No. 5 of 2003, promulgated in No. 39 of 2003; amended in Nos. 46 and 84 of 2003, Nos. 55 and 115 of 2004, Nos. 28, 39, 88, 94, 103 and 105 of 2005, Nos. 36, 53, 72 and 105 of 2006) § 11b of the Supplementary Provisions shall be amended to read as follows:
"§ 11b. In respect of the instalments of the price under contracts for privatization, the Post-privatisation Control Agency and the authorities referred to in Article 4 (2) herein shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Civil Procedure Code on the basis of an abstract of the books of account of the said Agency."
§ 48. The Industrial Designs Act (Promulgated in the State Gazette No. 81 of 1999; amended in No. 17 of 2003, Nos. 43 and 105 of 2005, Nos. 30 and 73 of 2006) shall be amended as follows:
1. In Article 57g:
(a) the heading shall be amended to read as follows: "Interim Measures".
(b) in Paragraph (1), in the text before Item 1, the words "the person in respect to whom a security measure is requested" shall be replaced by "the respondent party".
(c) in Paragraph (2), the words "security measures" shall be replaced by "interim measures", the words "Articles 308 to 322" shall be replaced by "Articles 389 to 403", and the words "Article 317" shall be replaced by "Article 398".
(d) In Paragraph (3), the words "security measure" shall be replaced by "interim measure".
(e) in Paragraph (4), in sentence one, the word "security measures" shall be replaced by "interim measures", the words "a public or private law enforcement" shall be replaced by "an enforcement", and the words "admission of the security interest" shall be replaced by "imposition of the measure", and in sentence two, the words "security measure" shall be replaced by "interim measure".
(f) in Paragraph (5), the words "security measures" shall be replaced by "interim measures".
(g) in Paragraph (6), the words "security measure" shall be replaced by "interim measure".
2. In Article 60a:
(a) the heading shall be amended to read as follows: "Interim Measures";
(b) in Paragraph (1), in the text before Item 1, the word "injunctions" shall be replaced by "measures";
(c) Paragraph (2) shall be amended to read as follows:
"(2) The admission, imposition and lifting of interim measures shall follow the procedure established by Articles 389 to 403 of the Code of Civil Procedure, with the exception of sentence one of Article 398 (2), save insofar as this Act provides for otherwise."
(d) in Paragraph (3), the word "injunction" shall be replaced by "interim measure";
(e) in Paragraph (4), the word "injunctions" shall be replaced by "interim measures", the words "executive judge" shall be replaced by "enforcement agent", and the words "admission of the security interest" shall be replaced by "imposition of the measure";
(f) in Paragraph (5), the word "injunctions" shall be replaced by "interim measures";
(g) in Paragraph (6), in sentence one, the word "injunctions" shall be replaced by "interim measures" and the words "executive judge" shall be replaced by "enforcement agent", and in sentence two, the word "injunction" shall be replaced by "interim measure";
(h) in Paragraph (7), the word "injunction" shall be replaced by "interim measure", and the words "the said security interest" shall be replaced by "imposition of the said measure".
§ 49. In the Roads Act (Promulgated in the State Gazette No. 26 of 2000; amended in No. 88 of 2000, No. 111 of 2001, Nos. 47 and 118 of 2002, Nos. 9 and 112 of 2003, Nos. 6 and 14 of 2004, Nos. 88 and 105 of 2005, Nos. 30, 36, 64, 102, 105 and 108 of 2006) in Article 57, Paragraph (2) shall be amended to read as follows:
"(2) In the event of failure to comply with the provision contained in Paragraph (1), the authority managing the road shall repair the consequences of the violation at the expense of the offender. In respect of the receivable thereof from the offender, the administration shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure on the basis of an abstract of the books of account of the said administration."
§ 50. In the Irrigation Associations Act (Promulgated in the State Gazette No. 34 of 2001; amended in No. 108 of 2001, No. 30 of 2006) Article 54 shall be amended to read as follows:
"Article 54. In respect of the receivables thereof, the associations shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said receivables."
§ 51. In the Ownership Act (Promulgated in Transactions of the Presidium of the National Assembly No. 92 of 1951; amended in No. 12 of 1958, No. 90 of 1960, Official Gazette No. 99 of 1963, Nos. 26 and 27 of 1973, Nos. 54 and 87 of 1974, No. 55 of 1978, No. 36 of 1979, No. 19 of 1985, Nos. 14 and 91 of 1988, No. 38 of 1989, No. 31 of 1990, No. 77 of 1991, No. 33 of 1996, No. 100 of 1997, No. 90 of 1999, Nos. 34 and 59 of 2000, No. 32 of 2005, No. 46 of 2006, No. 24 of 2007) in Article 46, Paragraph (2) shall be amended to read as follows:
"(2) On the basis of an effective resolution of the general meeting under Article 45, the manager or the chairman of the managing council shall have the option to move for the issuance of an enforcement order according to the procedure established by Article 410 (1) of the Code of Civil Procedure."
§ 52. In the Agricultural Land Ownership and Use Act (Promulgated in the State Gazette No. 17 of 1991; corrected in No. 20 of 1991; amended in No. 74 of 1991, Nos. 18, 28, 46 and 105 of 1992, No. 48 of 1993; modified by Constitutional Court Judgment No. 12 of 1993, promulgated in No. 64 of 1993; amended in No. 83 of 1993, No. 80 of 1994, Nos. 45 and 57 of 1995; modified by Constitutional Court Judgments Nos. 7 and 8 of 1995, promulgated in No. 59 of 1995; amended in No. 79 of 1996; modified by Constitutional Court Judgments No. 20 of 1996, promulgated in No. 103 of 1996; amended in No. 104 of 1996, Nos. 62, 87, 98 and 123 of 1997, Nos. 59, 88 and 133 of 1998, No. 68 of 1999, Nos. 34 and 106 of 2000, Nos. 28, 47 and 99 of 2002, No. 16 of 2003, No. 36 of 2004, Nos. 17 and 30 of 2006, Nos. 13 and 24 of 2007) in Item 1 of Article 19 (8), the words "Article 483" shall be replaced by "Article 587".
§ 53. In the Social Assistance Act (Promulgated in the State Gazette No. 56 of 1998; amended in Nos. 45 and 120 of 2002, Nos. 18, 30 and 105 of 2006) in Article 14b, Paragraph (2) shall be amended to read as follows:
"(2) The coercive enforcement of the order referred to in Article 14a (3) herein shall be admitted on a motion by the Social Assistance Directorate according to the procedure established by Article 418 of the Code of Civil Procedure."
§ 54. In the State Receivables Collection Act (Promulgated in the State Gazette No. 26 of 1996; amended in No. 104 of 1996, No. 51 of 1997, No. 59 of 1998, No. 103 of 1999; modified by Constitutional Court Judgment No. 2 of 2000, promulgated in No. 29 of 2000; amended in No. 63 of 2000, No. 111 of 2001, Nos. 28 and 46 of 2002, No. 105 of 2005, No. 105 of 2006) in Article 87, Paragraph (2) shall be amended to read as follows:
"(2) The receivables covered under Paragraph (1), with the exception of the receivables referred to in Item 5, shall be ascertained by an act of ascertainment of a private state receivable, which shall be issued by the Executive Director of the Agency. On the basis of the act of ascertainment of a private state receivable, the Agency shall have the option to move for the issuance of an immediate enforcement order according to the procedure established by Article 418 of the Code of Civil Procedure."
§ 55. In the Judicial System Act (Promulgated in the State Gazette No. 59 of 1994;, modified by Constitutional Court Judgment No. 8 of 1994, promulgated in No. 78 of 1994; modified by Constitutional Court Judgment No. 9 of 1994, promulgated in No. 87 of 1994; modified by Constitutional Court Judgment No. 17 of 1995, promulgated in No. 93 of 1995; amended in No. 64 of 1996; modified by Constitutional Court Judgment No. 19 of 1996, promulgated in No. 96 of 1996; amended in Nos. 104 and 110 of 1996, Nos. 58, 122 and 124 of 1997, Nos. 11 and 133 of 1998; modified by Constitutional Court Judgment No. 1 of 1999, promulgated in No. 6 of 1999; amended in Nos. 34, 38 and 84 of 2000, No. 25 of 2001, No. 74 of 2002; modified by Constitutional Court Judgment No. 11 of 2002, promulgated in No. 110 of 2002; modified by Constitutional Court Judgment No. 13 of 2002, promulgated in No. 118 of 2002; amended in Nos. 61 and 112 of 2003, Nos. 29, 36 and 70 of 2004; modified by Constitutional Court Judgment No. 4 of 2004, promulgated in No. 93 of 2004; modified by Constitutional Court Judgment No. 4 of 2005, promulgated in No. 37 of 2005; amended in Nos. 43 and 86 of 2005, No. 17 of 2006; modified by Constitutional Court Judgment No. 1 of 2006, promulgated in No. 23 of 2006; amended in Nos. 30 and 39 of 2006) in Article 175 (2), Article 176 (3), Article 181 (4) and Article 182, the words "Articles 41 to 52" shall be replaced by "Articles 37 to 58".
§ 56. In the Commercial Register Act (Promulgated in the State Gazette No. 34 of 2006; amended in Nos. 80 and 105 of 2006) in sentence one of Article 25 (4), the words "Chapter Twenty A" shall be replaced by "Chapter Twenty One "Appellate Review of Rulings"".
§ 57. The Private Enforcement Agents Act (Promulgated in the State Gazette No. 43 of 2005; amended in No. 39 of 2006, No. 31 of 2007) shall be amended as follows:
1. Article 15 shall be repealed.
2. In Article 16:
(a) Paragraph (1) shall be repealed;
(b) the existing Paragraph (2) shall be renumbered to become Paragraph (1);
(c) the existing Paragraph (3) shall be renumbered to become Paragraph (2), and the figure "2" therein shall be replaced by "under Article 431 (3) of the Code of Civil Procedure".
3. In Article 18:
(a) in Paragraph (4), in sentence one the words "Article 414" shall be replaced by "Article 521", and in sentence two, the words "Articles 357 and 358" shall be replaced by "Articles 462 and 463";
(b) Paragraph (5) shall be amended to read as follows:
"(5) Acting on a court order, a private enforcement agent may serve notices and summonses in civil cases."
4. In Article 19 (3), the words "Article 12" shall be replaced by "Article 22".
5. In Article 43, the words "Articles 41 to 52" shall be replaced by "Articles 37 to 58".
6. Article 54 shall be amended to read as follows:
"Coercive Enforcement
Article 54. In respect of the sums due under an effective decision of the General Meeting, the Chamber shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said sums."
7. In Article 71 (5), the words "Articles 165 to 170" shall be replaced by "Articles 207 to 209".
8. In Article 79, Paragraph (3) shall be amended to read as follows:
"(3) In respect of any fees and costs outstanding and not paid, the private enforcement agent shall have the option to move for the issuance of an enforcement order under Article 410 (1) of the Code of Civil Procedure regardless of the amount of the said fees and costs."
§ 58. The Commerce Act (Promulgated in the State Gazette No. 48 of 1991; amended in No. 25 of 1992, Nos. 61 and No. 103 of 1993, No. 63 of 1994, No. 63 of 1995, Nos. 42, No. 59, 83, 86 and 104 of 1996, Nos. 58, 100 and 124 of 1997, Nos. 52 and No. 70 of 1998, Nos. 33, 42, 64, 81, 90, 103 and 114 of 1999, No. 84 of 2000, Nos. 28, 61 and 96 of 2002, Nos. 19, 31 and 58 of 2003, Nos. 31, 39, 42, 43, 66, 103 and 105 of 2005, Nos. 38, 59 and 105 of 2006) shall be amended and supplemented as follows:
1. In Article 70 (6), the words "Article 498" shall be replaced by "Article 605".
2. In Article 74, there shall be added a new Paragraph (4) to read as follows:
"(4) The action shall be examined according to the procedure established by Chapter Thirty-Three "Proceedings on Class Actions" of the Code of Civil Procedure, where the contested resolution has been passed by the general meeting of a joint-stock company with issued bearer shares or by an investment company of the open-end type. Exclusion from participation shall not be granted in this case."
3. In Article 232 (4), the words "Article 488a" shall be replaced by "Article 583".
4. In Article 263n (5), the words "Twelve A "Summary Proceedings" of the Code of Civil Procedure, and Article 126e shall not apply" shall be replaced by "Thirty-Two "Proceedings on Commercial Disputes" of the Code of Civil Procedure".
5. In Article 264k (5), the words "Twelve A "Summary Proceedings" of the Code of Civil Procedure, and Article 126e shall not apply" shall be replaced by "Thirty-Two "Proceedings on Commercial Disputes" of the Code of Civil Procedure".
6. In Article 581 (1), the words "Article 456" shall be replaced by "Article 560".
7. In Article 613a:
(a) in Paragraph (1), the words "before the Supreme Court of Cassation following the rules set out in Chapter Nineteen A of" shall be replaced by "according to the standard procedure established by";
(b) in Paragraph (3), the words "Chapters Eighteen and Nineteen" shall be replaced by "Chapter Twenty "Intermediate Appellate Review"".
8. Article 708 shall be amended to read as follows:
"Collection of Transformed Claim
Article 708. On the basis of the plan as endorsed by the court, the creditor shall have the option to move for the issuance of an order under Article 410 (1) of the Code of Civil Procedure for enforcement of the transformed claim regardless of the amount of the said claim."
§ 59. In the Family Code (Promulgated in the State Gazette No. 41 of 1985; amended in No. 11 of 1992; corrected in No. 15 of 1992; amended in Nos. 63 and 84 of 2003, No. 42 of 2005, No. 30 of 2006) Article 79 shall be amended and supplemented as follows:
1. The existing text shall be redesignated to become Paragraph (1).
2. There shall be added a new Paragraph (2) to read as follows:
"(2) The actions for support and for an increase of support shall be examined according to the procedure established by Chapter Twenty-Five "Summary Proceedings" of the Code of Civil Procedure."
§ 60. (Effective 24.07.2007 - SG No. 59/2007) Within three months after the promulgation of this Code in the State Gazette, the Council of Ministers shall lay before the National Assembly drafts of acts to amend and supplement the law whose provisions must be brought into conformity with this Code.
§ 61. This Code shall enter into force on the 1st day of March 2008, with the exception of:
1. Part Seven "Special Rules Regarding Proceedings on Civil Cases Subject to Operation of Community Law";
2. § 2 (4);
3. § 3 in respect of the repeal of Chapter Thirty-Two A "Special Rules for the Recognition and Admission for Enforcement of Decisions of Foreign Courts and of Other Foreign Bodies" with Articles 307a to 307e and Part Seven "Proceedings Concerning Return of a Child or Exercise of the Right of Access" with Articles 502 to 507;
4. § 4 (2);
5. § 24;
6. § 60,
which shall enter into force three days after the promulgation of this Code in the State Gazette.

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