The lawsuit will run for the court holiday

Emergency order of the Minister of Justice and legal changes save the chaos enforcement proceedings

 

12 JULY 2018,

Cetska Karshava

During the judicial holiday, which begins on Monday and will run until September 1, deadlines for enforcement will run. This has ordered with her emergency order the Minister of Justice Tsetska Tsacheva, learned "Lex".

 

Her order comes days before the start of the judicial vacation, so as to avoid chaos with enforcement. Concerns about this are judges and bailiffs. They are caused by the new provision of Art. 61, para. 2 of the Civil Procedure Code (CPC). In the latest amendments, which came into force last autumn, it was written: "The time-limits stop flowing for countries during the days declared as official holidays under Art. 154, para. 1 of the Labor Code, as well as during the judicial vacation under Art. 329, para. 1 of the Law on the Judiciary, with the exception of the terms of the cases under Art. 329, para. 3 of the Judicial System Act ".

 

Thus, it is clear that for a month and a half, deadlines will not run not only in the claims but also in the enforcement proceedings. The legislator excluded the application of the provision for a series of cases, such as those on remand, custody, custody, unlawful dismissal, insolvency, domestic violence, securing of claims, etc., but did not include the executives in this group.

 

Private bailiffs were in a stupor because they think it will cause serious problems. For example, even if the debtor has paid within the period of voluntary execution or the money has been collected after imposed distraints, they could not be transferred to the creditor if the judicial vacation occurs before the 14-day voluntary fulfillment period has expired. The money would be a month and a half on the account of PEA and not only that the creditor would not have received them, although they were actually collected, but they would also be accumulating interest on the debtor's back. The same thing would have happened if the vacation caught the money in the PEA's account, and the 30-day period in which the National Revenue Agency is waiting for the state to join its claims on the case is not yet over.

 

Suspension of deadlines would also lead to serious disputes over time for public sales. The judicial holiday does not apply to the bidders and they submit their offers in July and August, but the time limits for the debtor stop running. By law, however, he has the right to stop the sale if he pays 20% of the debt until the day preceding it. Thus, debtors may claim that, due to their vacation, the time to exercise their right to stop the public sale has not expired, and at the same time it has long been over.

 

The presence of another problem encountered by the Ministry of Justice also motivated Tsacheva to issue the order. It is that under the Judiciary Act the judicial vacation does not apply to state enforcement agents. However, there is no such provision for the private sector and this leads to inequality.

 

A lasting solution to the problem can be achieved through a change in Art. 61, para. 2 CPC. An amendment to this effect was submitted by MRF MP Hamid Hamid. He made it between the first and the second reading of the draft amendments to the Civil Procedure Code, which changed the jurisdiction in consumer and insurance cases for the purpose of unloading the Sofia courts, submitted by a group of MPs from the BSP headed by Krum Zarkov. Hamid explicitly suggests exceptions, in which deadlines continue to run during the vacation, to enlist executive lawsuits.

 

However, the draft amendments to the CCP have not yet been dealt with at a second reading by the Legal Commission, expected to be held early next Wednesday, and the judicial holiday begins on Monday. That is why motivated Tsetska Tsacheva not to delay my order.

 

The Judicial System Act entitles the Minister of Justice and the Presidents of the Courts to issue orders which, at their discretion, to indicate the cases which are exceptionally dealt with during the holiday