Name of the law amending the law on Civil Procedure Code Name of Bill WALL of the code of civil procedure of acceptance Date 07/12/2010 number/year Official Gazette 110/2010 Decree No 337

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 the HLI 7 December 2010.

Issued in Sofia on December 14, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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 from 2009 and PCs. 13 of 2010.)

§ 1. In art. 48 the following modifications are made:

1. In paragraph 8. 1, first sentence, the word "service" is replaced by "message to it for federal" and the words "made at least one month before the meeting" shall be deleted.

2. in the Al. 2, after the word "Court" a comma and the words "at the hearing" shall be replaced by "in order to obtain copies of the application and annexes".

§ 2. In art. 80 in the second sentence the word "appeal" is replaced by "wants an amendment to".

§ 3. In art. 133 the comma after the word "document" and the words "do not indicate the evidence not submitted written evidence" shall be deleted.

§ 4. In art. 146, para. 3 the second sentence is created:

"If the performance of the opportunity the parties do not make evidentiary requests, they lose the opportunity to do so later, except in the cases under art. 147. "

§ 5. In art. 274 para. 4 shall be amended as follows:

"(4) are not subject to appeal in cases defined in decisions that are not subject to further appeal.

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

"(2) are not subject to further appeal decisions in cases with higher price of up to $ 5000. – for civil cases, and up to 10 000 BGN. – for commercial matters. "

§ 7. In art. 310 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and item 5 is repealed.

2. Al are created. 2 and 3:

"(2) when an objective connection of claim referred to in paragraph 1. 1 with a claim which is subject to examination by the general breakdown, rapid manufacturing is not allowed.

(3) in the case of fusion in a writ of a claim referred to in para. 1 with the claim which is the subject of consideration in the normal manner, rapid manufacturing is not allowed. "

§ 8. In art. 390. 4, in the second sentence, the word "security" is replaced by "guarantee".

§ 9. In art. 396, para. 2 to create the second and third sentences: "to review the definition of which is denied, the transcript of a private complaint of the applicant shall not be served on the defendant. In the case that the Court accepted the Security v″zzivniât the definition of his appeal with a private complaint before the Supreme Court of Cassation, if there are preconditions of art. 280, para. 1. "

§ 10. In art. 413, para. 2 Finally a comma and add "from which no transcript is presented for service".

§ 11. In art. 418, para. 4, the words "private complaint" shall be replaced by "by the applicant" and finally "be added to a private complaint, of which no transcript is presented for service".

§ 12. In art. 431 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

(2) State agencies, municipalities, organisations and citizens are obliged to assist the bailiff. Upon request, the police authorities are obliged to assist the bailiff in the obstruction of the performance of its functions. "

2. a new paragraph. 4:

"(4) For more information al. 3 needed for the enforcement proceedings, as well as for the inclusion of protective measures on it is because the relevant fee. The fee is paid by the creditor and the debtor is. "

3. the Previous para. 4 and 5 become respectively al. 5 and 6.

§ 13. In art. 432 make the following amendments and additions:

1. In paragraph 5, the words "article. 624, para. 3 "shall be replaced by" art. 624, para. 4. "

2. a new item 6:

"6. in the cases under art. 627 b, para. 2; ".

3. Current item 6 becomes item 7.

§ 14. In art. 435. 2 Finally a comma and add "as well as the order for costs".

§ 15. In art. 441, the words "of the debtor" shall be deleted.

§ 16. In art. 493 item 2 is amended as follows:

"2. the bailiff announce the buyer of the property, which has offered bidders the next highest price; If the bidder does not submit a proposed price within a week of the announcement for the buyer, the bailiff declared bidder, buyer do next in line bidding proposal and does so to the exhaustion of all bidders, offered a price equal to the home; bidder, who was announced as the buyer, but does not submit within the proposed price, charge under item 1; After payment of the price by the bidder, named the buyer paid a deposit shall be returned to the bidders that have not been announced for buyers. "

§ 17. In art. 495, second sentence, the word "apply" shall be replaced by ' shall apply accordingly to art. 493, paragraph 2 ".

§ 18. In chapter fifty-seventh title of section I shall be replaced by the following: "Certificates issued on the basis of the Bulgarian judicial acts."

§ 19. In chapter fifty-seven, in the name of the section II, after the word "instruments" a comma and add "handed down in other Member States of the European Union.


§ 20. In art. 623, para. 3, first sentence, the words "the time limit for appeal by the debtor" shall be replaced by the words "the applicable time limit for appeal under art. 43 (5) of Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ".

§ 21. A chapter fifty-eighth "and" with art. a-627 627 in:

"Chapter fifty-eighth" and "

Recognition and enforcement of JUDGMENTS on the BASIS of Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ, L 7/1 of 10 January 2009), hereinafter referred to as "Commission Regulation (EC) No 4/2009"

Annulment of a decision given in a Member State which is bound by the 2007 Hague Protocol.

Art. 627. The party concerned may submit to the Supreme Court an application for annulment of the decision on the basis of art. 19 (1) of Regulation (EC) No 4/2009.

Enforcement of a judgment given in a Member State which is bound by the 2007 Hague Protocol.

Art. 627 b. (1) an application for the issue of a writ of execution on the basis of the documents referred to in art. 20 of Regulation (EC) No 4/2009 shall be lodged with the County Court on the debtor's permanent address or be had.

(2) the Refusal or suspension of performance within the meaning of art. 21 of Regulation (EC) No 4/2009 to be ordered by the District Court.

Allowing enforcement of judgments given in a Member State which is not bound by the 2007 Hague Protocol.

Art. 627. (1) in the application for admission, the execution of a court decision or other Act laid down in a Member State of the European Union, which is not bound by the 2007 Hague Protocol, shall be submitted to the District Court on the debtor's permanent address or be had. A copy of the application for notification of the debtor is not performing.

(2) the Court shall consider the request under para. 1 in closed session.

(3) in order to respect the request, the Tribunal shall fix the time limit for appeal under art. 32 (5) of Regulation (EC) No 4/2009. Not allowed enforcement of disposals, satisfying the request.

(4) in order to respect the request, the requested interim proceedings and protective measures.

(5) the order on the assumption there is the importance of a decision given in the claim process.

(6) the order shall be subject to appeal before the Sofia appeal court under the conditions and by the procedure of art. 32 of Regulation (EC) No 4/2009. The decision of the Sofia appeal court is subject to further appeal to the Supreme Court. "

Transitional and final provisions

§ 22. In the law of property (official, no. 92 from 1951; amend., SG. 12 of 1958, no. 90 of 1960, SG. 99 from 1963, no. 26 and 27 of 1973 No. 54 and 87, 1974, no. 55 of 1978, 36/1979, no. 19 of 1985 No. 14 and 91 since 1988. , PC. 38 of 1989, PCs. 31 of 1990, St. 77 of 1991, PCs. 33 of 1996, PCs. 100 in 1997, PCs. 90 of 1999, St. 34 and 59 since the year 2000, PCs. 32. Since 2005, PCs. 46 and 105, 2006, issue. 24, 59 and 113 of 2007, PC. 54 and 109 from 2008 and St. 6 of 2009) in art. 112 creates a letter "k":

, k) applications for annulment of decisions subject to registration. "

§ 23. In the family code (promulgated, SG. 47 of 2009; amend., SG. 74 and 82 from 2009) creates art. 127: "dispute in the event of disagreement between the parents of a child to travel abroad

Art. 127. (1) the issues relating to the travel of children abroad and issuance of personal documents necessary for this, shall be decided by common agreement of the parents.

(2) when the parents do not reach agreement on al. 1, the dispute between them is decided by the District Court under this address.

(3) production began at the request of one of the parents. The Court heard the other parent, unless it appeared without valid reasons. The Court may, on its own initiative to collect evidence.

(4) the Court may order provisional execution of the decision laid down. "

§ 24. In the law on Bulgarian identification documents (official SG. 93 of 1998; amend., SG. 53, 67, 70 and 113 of 1999, no. 108 of 2000, 42/2001 and 45/54 by 2002, no. 29 and 63 of 2003, no. 96, 103 and 111 in 2004, no. 43, 71, 86, 88, and 105 by 2005. , PC. 30, 82 and 105, 2006, issue. 29, 46 and 52 of 2007, PC. 66, 88 and 110 in 2008, PCs. 35, 47, 82 and 102 of 2009 and PCs. 26 of 2010.) in art. 76, item 9, the words "article. 123, para. 2 "are replaced by" article. 127.

§ 25. Pending proceedings shall be treated in the previous row.

§ 26. This law shall enter into force on the day of its publication in the Official Gazette with the exception of § 12, which shall apply from 1 January 2011, and § 13, item 2 and § 21, which shall enter into force on 18 June 2011.

The law was adopted by 41-Otto National Assembly on 7 December 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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