FAQ

Question: I would like to ask you how the legal debt collection action initiated in Italy against a debtor company based in Bulgaria is continued? We already have a European enforcement order certificate based on an injunction

Answer: The procedure for the debt recovery action based on the injunction issued by the Italian Court should go through two phases:

The first phase:
Request for executive sheet / executive title / based only on the original, the translation of the Injunction Decree and the certification in a Second Instance Court in Bulgaria, according to the administrative headquarters of the debtor company. We also need an explicit power of attorney for us.
The second stage – enforcement action in Blagoevgrad, with the executive judge of the place including: – Investigation of the real estate assets in the possession of the debtor company – in the Property Registry on the territory of the whole country. Preparation of detailed investigations; – Investigation of movable assets owned by the debtor company. Preparation of detailed investigations

• Investigation in courts throughout the country for the existence of pending lawsuits by and against the debtor company Investigation and assessments for the existence of enforcement cases by and against the debtor company;

– Foreclosures / property assets, seizure of bank accounts or shares /

The enforcement procedure begins on the basis of a request from the creditor, who represents the “executive sheet” / executive title / before the executive judge.

The executive judge is obliged to send the debtor an invitation for voluntary payment, giving 14 days for payment. This invitation is accompanied by the “executive sheet” / enforcement title / and for the first time the debtor is made aware of the “executive sheet” / executive title / issued by the Bulgarian Court which is mandatory for all Bulgarian citizens and institutions .

From the moment the debtor company receives the invitation from the executive judge for voluntary payment, it will have the possibility to make objections. Thus, in the event that he does so, a 3-degree objection procedure opens.

The provision of the Bulgarian Court to issue or not issue the “execution sheet” / enforcement order / may be objected to. / Art. 627, p.2., art 623 Bulgarian Civil Code /.

It is not an objection regarding the content of the Decree or an essential objection to the existence or otherwise of the credit, it is an objection to the provision for the issuance or not of the “executive sheet” / enforcement order / Bulgarian at the basis of the European Injunctive Decree.

Jurisdiction in matrimonial actions, according to Bulgarian legislation
Divorce is governed by the provisions of the Family Code / CC / and the Code of Private International Law / CDIP /. Pursuant to Article 7 of the CDIP on matrimonial actions the Bulgarian courts have jurisdiction if:
one of the spouses is a Bulgarian citizen or is habitually resident / residing, domiciled / in Bulgaria.

In Bulgaria there are two types of divorce:

the fastest is by mutual agreement / mutual consent /, the Court practically only approves the written agreement already agreed between the parties, with just one session. It is possible to obtain a divorce resolution in three months. Mandatory requests in this process:
that at least three years have passed since the wedding
that both parties agree on the mandatory points of the written agreement
both people must present themselves personally at the first session to declare before the judge that they submit the request and that they agree to divorce. It is not possible to pass by power of attorney, they must come personally to the day of the court session.
The second type of divorce is due to a deep and irreparable breakdown of the marriage.
It can be without a request to pronounce guilt or with a request to pronounce guilt.
The first variant can finish for a year, the second within 2 years.

Pursuant to Article 82 of the CDIP, divorce between spouses of the same foreign nationality is regulated by the law of the State whose citizens are applying for divorce.
Bulgarian courts will have jurisdiction whenever;

the defendant or both spouses are habitually resident in the territory of the Republic of Bulgaria.
The last common habitual residence of the spouses is in Bulgaria, the applicant is still resident in Bulgaria
The request for divorce and municipality / the common choice of jurisdiction in the case of lack of obstacles from the right of origin /
appellant resides in BG, but one year before the petition for divorce was filed

If there is a common citizenship of both spouses, the divorce also falls within the jurisdiction of the judge of their state.

Below it is possible to have “quick” divorces in Bulgaria if you can demonstrate the habitual domicile in Bulgaria of:

both – without limits in time
of the defendant – without limits in time
of the applicant, at least one year before filing the request for divorce

Pursuant to Article 6(1) of Directive 83/183 “residence” / domicile /, is the place where a person habitually resides due to personal and professional relationships. This place is his habitual residence, according to the Directive where the person has lived for at least 185 days in the course of a year.

The Bulgarian court formulates a list of a number of factors that could clarify the permanent center of interests of the person in question, namely, in particular, “the physical presence of the person and his family members, the availability of a place to live , a place where children actually attend school, a place where activities take place, the location of property interests, administrative links with public authorities and social services, the said elements translating the desire of that person to confer a certain stability to the place of connection, continuity that is due to lifestyle and the development of normal social and professional contacts.