Law For The Addition Of The Code Of Civil Procedure

Original Language Title: Закон за допълнение на Гражданския процесуален кодекс

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15341/

Name of law Law supplementing Civil Code Name Bill Bill for addition of the civil procedure code date adopted 10/02/2016 number/year Official Gazette 15/2016 Decree No 26

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for addition of the code of civil procedure, adopted by HLIÌI National Assembly on 10 February 2016.

Issued in Sofia on 18 February 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

for addition of the code of civil procedure (promulgated, SG. 59 of 2007; amend., no. 50 of 2008; the Decision the Constitutional Court No. 3 of 2008 – No. 63 by 2008; amend., SG. 69 since 2008, issue 12, 18, 32 and 42 by 2009; No. 4 Decision of the Constitutional Court of 2009 – No. 47 of 2009; amend. , PC. 82/2009, PCs. 13 and 100 by 2010; Decision No. 15 of the Constitutional Court from 2010 – PCs. 5 of 2011; amend., SG. 45, 49 and 99 by 2012 PCs. 15 and 66 by 2013, PCs. 53 and 98 by 2014 and PCs. 50 by 2015)

Paragraph only. A chapter fifty-eighth "b" with art. 627-627 and:

"Chapter fifty-eighth" b "

Recognition and enforcement of judgments and the ISSUE of a EUROPEAN CERTIFICATE of SUCCESSION on the BASIS of Regulation (EC) No 650/2012 to the European Parliament and of the Council of 4 JULY 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and the adoption and implementation of AUTHENTIC instruments in matters of succession and the CREATION of a EUROPEAN CERTIFICATE of SUCCESSION (OJ , 201 L/107 of 27 July 2012), hereinafter referred to as "Commission Regulation (EU) No 650/2012"

Recognition through the courts

Art. 627. (1) in the cases under art. 39 (2) of Regulation (EC) No 650/2012, the interested party may request the recognition of a foreign judgment under art. 627 e of the District Court in the permanent address of the opposing party, its registered office or be had.

(2) the Court in al. 1 is pronounced, and in the interim proceedings and protective measures under art. 54 (1) of Regulation (EC) No 650/2012.

Declaration of enforceability

Art. 627 e. (1) an application for a declaration of enforceability of a judgment or other document provided in another Member State of the European Union, shall be submitted to the District Court on the debtor's permanent address, at its registered office or be had. Do not submit a copy of the application to be served on the debtor.

(2) the Court shall consider the request in closed session.

(3) in order to respect the request, the Tribunal shall fix the time limit for appeal under art. 50 (5) of Regulation (EC) No 650/2012. Not allowed enforcement of disposals, satisfying the request.

(4) the Court makes an order on the requested interim proceedings and protective measures.

(5) the order is considered in the admission decision given in the claim process.

(6) the order shall be subject to appeal before the Court of appeal in Sofia. The decision of the Sofia appeal court is subject to further appeal to the Supreme Court.

The issue of a European certificate of succession

Art. 627. (1) where the Bulgarian Court has international jurisdiction under art. 4, 7, 10 and 11 of Regulation (EC) No 650/2012, the application for the issue of a European certificate of succession shall be lodged with the District Court in the last domicile of the deceased, if such is missing – in his last address in the country, and in the absence of an address in the country – before the Sofia District Court.

(2) in the event that the request under para. 1 is granted, the Court shall issue a European certificate of succession, using a form of Commission implementing Regulation (EC) No 1329/2014 of 9 December 2014, for the production of the forms referred to in Regulation (EC) No 650/2012 to the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and the adoption and implementation of authentic instruments in matters of succession and the creation of a European certificate of succession (OJ , 359 L/30 from 16 December 2014).

(3) the European certificate of succession, as well as the refusal to issue shall be subject to appeal to the District Court within one month, which runs from the time of service.

(4) where the issued a European certificate of succession is incorrect or the refusal to issue is unfounded, the Court shall revoke the Act stipulated in whole or in part and refer the case to the Court of first instance with the mandatory instructions.

Appeal of the acts for correction, modification or withdrawal of a European certificate of succession

Art. 627 g. (1) the acts set out in the request for correction, modification or withdrawal of a European certificate of succession shall be subject to appeal to the District Court within two weeks, which runs from the time of service.

(2) where the issued a European certificate of succession is incorrect or the refusal of the correction, amendment or withdrawal is unfounded, the Court shall revoke the Act stipulated in whole or in part and refer the case to the Court of first instance with the mandatory instructions.

Appeal of suspension of the operation of a European certificate of succession

Art. 627. The suspension of the operation of a European certificate of succession issued by the District Court may be appealed against within one week before the District Court.

Applicability of the General rules of security proceedings

Art. 627 and on the outstanding of Regulation (EC) No 650/2012 issues related to proceedings on the issue of a European certificate of succession shall apply the General rules of chapter forty-nine. "

The law was passed by the National Assembly-43 on 10 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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