Acquisition of property at public auction
Acquisition of property at public auction
Enforcement on real and vizhimi things is through their public sale
Public sale is carried out by a bailiff in the order established by law-inventory notice, bidding announcement of the buyer, paying the price award of the property. In these proceedings the various procedural actions give rise to different legal consequences. They are bonding and a proprietary nature.
The act by which the bailiff declared buyer participant made the highest bidding proposal does not make it owner. The announcement of the buyer creates for him an obligation to pay the promised price within five days. Only after payment of the price bailiff proceeded to award the property by decree.
The assignment transfers ownership of the buyer. This is not selling and sovereign act of a state body that transfers the property of the debtor, regardless of his will. In fact the award at a public sale of real estate on the buyer prvhvarlyat '' all the rights that the debtor had '' on the property sold. Acquires property is as it is a potentially dangerous practice together with the buildings and plants on it. Because the acquisition is a derivative if it turns out that the public sale is assigned a property that is not property of the debtor, the true owner may it revandikira- against him public sale is invalid.
Award at public sale transfers ownership. It has to be entered and the buyer to pay the fees for the transfer. Only then bailiff carried Writ of Possession.
Similarly, things and enforcement on movables. Here, execution is directed toward the seizing property belonging to the debtor. The sale is carried out through a store or exchange or a public tender and for items over 5000 leva under the public sale of the property.
Is incurred sale can not be appealed or challenged in a civil action. The buyer of bode became its owner regardless of whether the property belonged to the debtor.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg