Legal News, Issue 4, 2018 | KPMG | BG
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Substantial changes in the legislation implemented through amendments to the Civil Procedure Code

Legal News, Issue 4, 2018

An Act to Amend and Supplement the Civil Procedure Code (CPC) was promulgated in the State Gazette, issue 42, dated 22 May 2018. The Act entered into force as of 26 May 2018 and introduced changes in several significant acts and the CPC provisions which govern the enforcement proceedings and the procedures related to the application of international treaties and acts adopted by the European Union.

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A summary of the more important amendments is presented below.

Amendments to the Obligations and Contracts Act

A new provision of the Obligations and Contracts Act is implemented that in case of partial claim the prescription period shall be deemed suspended or interrupted only with regard to the claimed part of the respective receivable. Until now, this matter was subject to disputes in the court practice, in respect of which an interpretative case of the Supreme Court of Cassation was initiated. In relation to this amendment, the Civil Procedure Code already explicitly provides that it is admissible for multiple proceedings to be held simultaneously with regard to different parts of the same receivable.

Amendments to the Administrative Procedure Code

The scope of the provision of the Administrative Procedure Code which refers to the rules of the Civil Procedure Code in respect of the matters related to court proceedings and not governed by this code shall be limited.

As a result, the terms for the parties to administrative and tax cases shall no longer be suspended during the official holidays and the court vacation (from 15 July until 1 September).

Amendments to the enforcement proceedings under the CPC

A novelty in the enforcement proceedings is the broadening of the scope of the funds of the municipalities and the organizations subsidized by the budget which could not be subject to enforcement.

Procedures related to the application of international treaties and acts adopted by the European Union

New rules are implemented which govern the proceedings and the execution under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, as well as the execution under Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. Apart from this, а regulation of the recognition and admission to enforcement of judgments given under the Convention on the international recovery of child support and other forms of family maintenance is introduced.

© 2018 KPMG Bulgaria OOD, a Bulgarian limited liability company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

KPMG International Cooperative (“KPMG International”) is a Swiss entity.  Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.

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