Court Resolution Enforcement Explained

The current articles is following up the first stage a typical civil lawsuit goes through. Assuming the plaintiff has won the case and the court has awarded him with full refund (+ penalty and legal expenses recovery), the plaintiff is waiting the lost party to pay. It is common in Bulgaria that debtors don’t pay willingly. Therefore the creditor need to enforce the court resolution. Law Enforcement Agent The law enforcement agents are the only state authorized persons who can enforce court resolution in Bulgaria.

Bulgarian Civil Court Process Explained

We receive many complaints about the slow civil court proceedings. Since it is a complex issue, rooted deeply in the judicial system, I’ll try to outline the main causes of the delay. Below I’m explaining in details how a typical court process does and the concerns of a typical plaintiff’s lawyer. 1. After the claim application is filed, the court’s Chairman distributes the case on random principle among the judges (time frame 3-4 days as from the claim filing)

Survey on the public trust in the Bulgarian Courts

A recent Survey of the Center For The Study of Democracy showed that less than 20% of the Bulgarian actually trust the Bulgarian court. This result is both curious and also shows how deep is the judicial crisis in the courts. The lack of reforms is causing the system to struggle and to go more sluggish each year. The corruption takes enormous scales and unfortunately nobody from the government is engaged with new reforms.

New changes introduced to the Commercial Register

On 29th April new changes to the Commercial register proceedings were introduced. Most of them are good and fix some of the misunderstandings in the law. The most major amendments include: Reducing the state fees by 50% if the applications are submitted online The previous text of the law required 75% of the state fee if documents are submitted online. The new amendment is reducing the fee even more. This will encourage the people and lawyers to submit application online and will reduce the queues in the offices of the Registry Agency.

Understanding Bulgaria's Judges Thinking

Almost half of the legislation of Bulgaria is outdated. Most of the laws have been adopted in the 50s of the last century during a communist society organization regime. Almost none of them is compatible to the free market and economics of the current society. An exception from that are the new laws adopted under the pressure of the EU legislation conformity requirements (such as competition and consumer protection legislation).

How's court decision taken in Bulgaria

We’ve just found a great article in The Economist about scientific research of what influences judges for taking a particular decision. It turns out that “Justice is what the judge had for breakfast” indeed. In our litigation practice we can confirm that this is indeed true. Moreover, we can add some additional factors pushing the course of the court resolution - this is: judge’s attitude towards the parties lawyers; if the judge is overloaded with cases; if the previous case parties have made him angry; if the judge was sleeping well the last night etc.

Wealthy companies 'benefit' of speed in Commercial register

A recent journalist research showed that a major Bulgarian newspaper publisher has changed shares ownership. The new and the old shares owner are contradictory entities, but the most interesting thing about this shares transaction is the speed that the change was registered in the Commercial register. To be absolutely objective here is an excerpt from the Internal regulations of the Commercial register: Art. 90, para 2 (Amended - SG. 111 of 2007, in force from 01.

Lawyer Milen Hristov talks about the property bubble in Bulgaria

Varna is not only property but also IT business destination

Varna is known among foreign investors as a cheap sea property destination. Since the property bubble has popped up, Varna is offering a sustainable business opportunities, supported by the local city council. The municipality has adopted a strategic plan for development of Varna area. You can read an excerpt from the strategy further below. As you can notice, one of the main locally supported industries is the IT business and business clustering.

Winding up (liquidating) a Bulgarian company

[updated 06.07.2014] Many liquidation have started and some of them even finished, but you need to check what we at MH Legal recommend to look when you have your company dissolved. [updated 24.06.2013] A recent changes to the NRA and NSSI internal ordinances, have affected the liquidation terms. The applications and the respective documents, needed for the liquidation and issued by those two government authorities practically increase the company liquidation with about two months!