Is absolute applicable periods in Bulgarian civil law?
Is absolute applicable periods in Bulgarian civil law?
Is absolute applicable periods in Bulgarian civil law?
The proposed provision of a new Article 112a of the CPA states that the expiration of the 10-year limitation period from 1 January of the year following the year in which the debt became payable shall be extinguished all unsecured claims against individuals, regardless of the suspension or the interruption, except in cases when the obligation is deferred or rescheduled. It also stipulates that this provision does not apply to obligations of individuals exercising a commercial activity as sole traders.
It also expresses concern at the apparent favoritism holders of claims against individuals at the expense of the creditors of legal entities. So outside the scope remains commercial law. Further, the article states that provision is limited in respect of the obligations that are not deferred you deferred. Also, the rate is still not clear with respect to the initial period of the flow of the limitation period. The beginning of the limitation period from 1 January next year does not seem justified by the moment when the payment falls due. It was concluded that this proposed solution will lead to pointless extension of the limitation period.
In recent years there have been several cases of enforcement proceedings against citizens who continue over ten years and more. Enforcement proceedings may continue indefinitely despite the debtor has lost much or all of its assets and is objectively impossible to repay their debts. Alternative solutions to avoid the existence of the figure of the "eternal" debtor may be introducing 10-year absolute limitation period in respect of the obligations of individuals or settlement of consumer bankruptcy.
Study Questions for possible retsipirane in Bulgaria Institute of bankruptcy of individuals non-traders, known as consumer bankruptcy, we could look at the German model of production, given that Bulgarian system of the civil law principle pandektna state, ie associated mostly with the German law school.
German law assumes that any person who may be a party in civil proceedings can be declared bankrupt - a principle which finds powerful expression in the regulation of consumer bankruptcy. The legal framework of consumer bankruptcy was introduced in Germany with the adoption of the Insolvency Act 1994 The purpose of this institute is to allow the insolvent debtor alone to request the opening of insolvency proceedings by way of court settlement to release the remaining debt. German law defines the entities that can benefit from consumer bankruptcy. The debtor must be a "natural person who does not exercise or not exercise their individual business." The aim of consumer bankruptcy is similar to that of the bankruptcy proceedings, according to CA in Bulgaria. Overruled by the German legislator is to assist the debtor in its recovery by braking individual foreclosures individual lenders achieve a settlement with creditors, adopting a plan for the payment of obligations of the debtor and the maximum satisfaction of all creditors in bankruptcy proceedings. To this end has been added and the ability diligent debtor to dispose of its remaining obligations, which revealed that inherently consumer bankruptcy is connected with the institute of "debt relief". The possibility of release of the outstanding debt can only benefit individuals, but it does not occur under the law and must be explicitly requested by the debtor. The request must be made in the form of a written request to which the declaration applies to the debtor that in the next six years are obliged to pay the manager of the bankruptcy estate a certain fraction of its fixed income, such as those received under the employment relationship. The period of six years during which the debtor is obliged to pay the manager of the bankruptcy estate a certain portion of their income is called a period of "good behavior." Through the debtor assumes additional responsibilities, namely to provide half of the inheritance of the manager of the bankruptcy estate, to provide timely data on change of residence and place of work, not to do preferable satisfaction of creditors, as the payments are only the power of the Governor of the bankruptcy estate.
During this six-year period of "good behavior" of the debtor's employer transferred from his salary provided in part at the expense of the insolvency manager, which in turn annually distributes and transfers the payment of creditors. If the debtor is self-employment, its contribution to the manager should be an amount corresponding to the amount of contributions that he would have done if you work in an employment relationship. After the expiry of six years of "good behavior" after the court hearing of creditors must come up with a public decision whether the debtor will be relieved of the outstanding debt, which is a positive decision would allow the debtor does not pay its creditors this part of the obligations to which they have agreed in their agreement. Examined consumer bankruptcy proceedings, especially in the part of debt relief, there are both advantages and disadvantages. More importantly, it is a mechanism that is not alien to the Bulgarian legal system and could help regulate the public relations and financial stability. It would also lead to repayment of public and private responsibilities of individuals and give citizens a chance to start from scratch and build its brand family economy.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg