Law On The Amendment Of The Code Of Civil Procedure

Original Language Title: Закон за изменение и допълнение на Гражданския процесуален кодекс

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15337/

Name of the law amending the law on Civil Procedure Code Name of Bill WALL of the code of civil procedure of acceptance Date 19/05/2015 number/year Official Gazette 50/2015 Decree No 115

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 amending and supplementing the code of civil procedure, adopted by the National Assembly of HLÌÌI 19 June 2015.

Issued in Sofia on 30 June 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

Amendment 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, and PCs. 53 and 98 by 2014)

§ 1. In art. 104 following amendments and supplements shall be made: 1. a new item 6: ' 6. claims, regardless of their price, United in a statement of claim with a claim, under the jurisdiction of the District Court, if subject to examination under the same production; ".

2. Current item 6 becomes item 7.

§ 2. In art. 210, para. 2 creates a second sentence: "do not allow separation of the claims that are present in relation to the subject matter of the case, unless subject to examination under different procedures."

§ 3. In art. 274, para. 2, first sentence, the words "v″zzivna body" shall be replaced by the words "Court of appeal" and after the words "Supreme Court" is a comma and add "and when they're handed down by the District Court as a v″zzivna instance – to the relevant Court of appeal".

§ 4. In art. 280 al. 2 shall be amended as follows:

"(2) are not subject to further appeal:

1. decisions on cases with higher price of up to $ 5000. – for civil cases, and up to 20 000. – for commercial matters, with the exception of decisions on claims of ownership and other real rights over real estate and United with them, claims that have relevance to justify asking for a property;

2. decisions on matters on the Court of claims for alimony, marriage claims, claims under art. 322, para. 2 of this code, proceedings under art. 59, para. 7, art. 123, para. 2, art. 126, para. 2, art. 127, Pará. 2, art. 127 a, art. 128 and art. 130, para. 3 of the family code, the claim under art. 11, para. 2 of the law on ownership and use of agricultural lands and under art. 13, para. 2 of the law for the restoration of ownership on forests and lands of the forest fund, proceedings for distribution use of an immovable property under art. 32, para. 2 of the law on property claims, under art. 40 of the law on management of condominium, requests for a change of name under art. 19, para. 1 of the law on civil registration and claims according to art. 17, al. 1 of the law on settlement of collective labour disputes;

3. decisions by courts of cases in labour disputes, with the exception of decisions on actions under art. 344, para. 1, item 1, 2 and 3 of the labour code and in claims for remuneration and benefits in an employment relationship with a price of over $ 5000. "

§ 5. In art. 411 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) an application shall be submitted to the District Court at the permanent address or registered place of business of the debtor, within three days, carried out official inspection of the local jurisdiction. If the Court considers that the case is not the culprit, he sent it to a proper court. "

2. in the Al. 2 in the text before point 1, the words "three days" shall be replaced by the term "under para. 1. "

§ 6. In art. 418, para. 5 creates the second sentence: "the bailiff shall, without delay, submit to the Court a copy of the message, which was awarded the order for execution."

§ 7. In art. 485 Al is created. 2:

"(2) the starting price at the first public sale may not be lower than the tax assessment of the property when it is determined."

§ 8. In chapter fifty-seventh title of section II shall be replaced by the following: "the recognition and enforcement of decisions and acts laid down in the other Member States of the European Union".

§ 9. In art. 622 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) an interested party may request the Court to refuse recognition of the decision or to ascertain that there are no grounds for refusal of its recognition on the basis of Regulation (EC) no 1215/2012 to the European Parliament and of the Council of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351/1 of 20 December 2012) , hereinafter referred to as "Commission Regulation (EU) no 1215/2012", pursuant to para. 1. "

2. The current paragraph. 2 it al. 3 and shall be amended as follows:

"(3) the Court shall decide on the basis of a copy of the judgment given in another Member State of the European Union, endorsed by the adjudicating court it, and certificate when an act of the European Union so requires. The documents shall be accompanied by a translation into Bulgarian language. "

3. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) the Court shall decide the disposition, which is the importance of a decision given in claim process."

4. The current paragraph. 4 it al. 5.

§ 10. Art is created. 622:

"Direct enforcement under Regulation (EC) no 1215/2012

Art. 622. (1) a judgment given in another Member State of the European Union shall be enforceable without the need for an order of payment.

(2) the bailiff shall proceed to the execution at the request of the party concerned on the basis of a copy of the judgment given in another Member State of the European Union, endorsed by the adjudicating court it, and a certificate issued in accordance with art. 53 of Regulation (EC) no 1215/2012.

(3) When the bailiff finds that the measure or the order cannot be met under the conditions and in accordance with this code, it provides a replacement performance.

(4) a judgment given in another Member State of the European Union, including legislation providing for temporary preventive measure is subject to performance pursuant to para. 1 and 2. In cases where the measure has been ordered, without the defendant being called upon to appear, shall be presented and proof of service of the judgment.

(5) when the performance proceeded to the bailiff handed a copy of the certificate referred to in para. 2, with service to invite the debtor voluntarily. Apply to the certificate a copy of the judgment given in another Member State of the European Union, if it had not been served on the debtor.

(6) the debtor may, within one month of service to apply for a waiver to implement. When you need a translation of the judgment, the time limit shall be suspended up to making it available to the debtor.

(7) any party may appeal the adaptation of the measure or the order by the procedure of art. 436. "

§ 11. Art is created. 622 (b):

"Refusal to implement the Regulation (EC) no 1215/2012

Art. 622 b. Request for waiver of performance under art. 46 of Regulation (EC) no 1215/2012 shall be filed and considered by the procedure of art. 623. "

§ 12. In art. 623 is hereby amended as follows:

1. Paragraph 2 shall be replaced by the following:

"(2) the Court shall consider the request in closed session and shall act on the basis of a copy of the foreign judgment, certified by the adjudicating court it, and certificate when an act of the European Union so requires. The documents shall be accompanied by a translation into Bulgarian language. "

2. Paragraph 3 shall be repealed.

§ 13. In art. 627 Al is created. 3:

"(3) the debtor may lodge an application for refusal to enforce under art. 22 of Regulation No 1896/2006 or a request for a stay or limitation of enforcement within the meaning of art. 23 of Regulation No 1896/2006 in front of the District Court at its permanent address, in its seat or be had. The injunction appeal by the order of art. 623, para. 6. the time limit for appeal run to the applicant of the service of the order, for the respondent, from the service of the invitation for voluntary implementation. "

Transitional and final provisions

§ 14. Applications submitted before the entry into force of this Act, the cassation complaint, private complaints under art. 274, para. 2 of the code of civil procedure and appeals against decisions of the Supreme Court under art. 80, al. 3 of the law on notaries public and notarial activity be considered in existing terms and conditions.

§ 15. Within one month from the entry into force of this law, the Manager of the Bulgarian National Bank and the Minister of Justice established the requirements for the single environment for the exchange of electronic attachments.

§ 16. Judicial decisions handed down in proceedings initiated before 10 January 2015, as well as other instruments formally drawn up or registered, approved or concluded before 10 January 2015, within the scope of Regulation (EC) no 1215/2012 shall be recognised and enforced in the previous row.

§ 17. In the law on protection from domestic violence (promulgated, SG. 27 of 2005; amend. 82/2006, no. 102 of 2009 and no. 99 by 2010) chapter three is created with art. 23-27:

"Chapter three

MEASURES to PROVIDE PROTECTION on the BASIS of Regulation (EC) no 606/13 of the EUROPEAN PARLIAMENT and of the Council of 12 June 2013 on the MUTUAL RECOGNITION of SECURITY MEASURES in CIVIL MATTERS

Art. 23. a person who enjoys a measure of protection laid down in the Member State of the European Union, may request issuance of an order for protection within the territory of the country by the Sofia City Court.


Art. 24. (1) the Court shall consider the request in closed session. It shall take a decision within two weeks on the basis of a certified copy of the measure to ensure the protection and the certificate issued in accordance with art. 5 of Regulation (EC) no 606/13 of the European Parliament and of the Council of 12 June 2013 on the mutual recognition of security measures in civil matters (OB, L 181/4 of 29 September 2013), hereinafter referred to as "Commission Regulation (EU) no 606/2013". The documents shall be accompanied by a translation into Bulgarian language.

(2) the Court shall verify whether the measure can be performed by means of the Bulgarian law. Where this is not possible, it provides alternatives to protection in accordance with the Bulgarian legislation. The Court shall notify the person making the threat, for the substitution of a measure to provide protection.

(3) the alternative measure of protection shall be subject to appeal by the person benefiting from the protection or the person creating a threat to the Sofia Court of appeal.

Art. 25. Refusal of acceptance or refusal to implement the measure to provide protection to be ordered by the Sofia City Court at the request of the person creating the threat.

Art. 26. (1) the Court of first instance, considered the case, issued at the written request of the person who benefits from the protection certificate under art. 5 of Regulation (EC) no 606/2013.

(2) the Court shall inform the person making the threat, for the issue of the certificate and for the consequences of its issue.

Art. 27. The Act for rectification or withdrawal of the certificate referred to in art. 5 of Regulation (EC) no 606/2013 shall be subject to appeal to the District Court within two weeks, running from the moment of notification that was issued for the rectification or withdrawal of the certificate. "

 § 18. In the law on notaries public and notarial activity (official SG. 104 of 1996; amend., SG. 117, 118 and 123 of 1997 No. 24 of 1998, no. 69 (1999), no. 18 of 2003, no. 29 and 36 in 2004, no. 19 and 43 from 2005, issue 30, 39 and 41 of 2006, no. 59 and 64 since 2007. , PC. 50 and 69 by 2008, PCs. 42, 47 and 82 from 2009, PCs. 87 from 2010, PC. 32, 41 and 82 by 2011, issue. 38 and 95 by 2012 PCs. 66 by 2013, and PCs. 98 by 2014) in art. 80, al. 3 the second sentence is deleted.

The law was passed by the National Assembly-43 on 19 June 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Dimitar Dallimore

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