Bulgarian State Bailiff Competition Exam cheat sheet

Bulgarian Constitution Art. 117(1): judicial power is exercised by courts alone; Art. 117(2) makes courts independent, subject only to the Constitution and law, and Art. 117(3) bars courts from refusing to rule on a matter within their jurisdiction.

Bailiffs (съдебни изпълнители) are private persons under the Judicial System Act (ЗСВ) who exercise delegated public enforcement functions under the supervision of the district court and the Chamber of Private Enforcement Agents (КЧСИ); they are not judges and not state officials.

Court hierarchy: district courts (окръжни), courts of appeal (апелативни), Supreme Court of Cassation (ВКС) for cassation review, and Supreme Administrative Court (ВАС) for administrative cases; the Supreme Judicial Council (ВСС) governs judicial careers.

Judicial independence guarantees: irremovability of judges after appointment, immunity from criminal liability for their rulings except for intentional crime, and a separate court budget administered by the ВСС.

Constitutional review is centralized in the Constitutional Court (12 justices, 9-year terms); it rules on constitutionality of statutes, on conflicts of competence, and on impeachment of the President; its decisions are binding erga omnes.

Rule of law clause (Art. 4) and Art. 5(4) establish primacy of ratified international treaties over conflicting domestic statute; EU accession obligations are entrenched by Art. 4(3) and the Constitutional Court Decision No. 3/2004.

Access to a court is a constitutional right derived from Art. 117 and Art. 56; enforcement proceedings must provide a hearing and a remedy against enforcement acts, consistent with Art. 6 ECHR.

The Prosecution (Прокуратура) is part of the judiciary in the broad sense under Art. 127 and supervises legality; the Investigating Magistrates (следствени органи) sit within the same constitutional chapter but perform no enforcement functions.

Obligations arise from contract, delict (tort), unjust enrichment, and negotiorum gestio (ЗЗД Arts. 1, 45, 55, 56); each has distinct remedies and limitation periods.

Contract formation requires offer and acceptance with definite terms; written form is required for contracts transferring real rights in immovables and for suretyship (ЗЗД Art. 138), otherwise the contract is void.

General limitation period is 5 years (ЗЗД Art. 110); 3 years for periodic payments, rent, interest, and damages from tort; 1 year for certain commercial claims; periods run from when the claim becomes due and enforceable.

Limitation is not applied ex officio: the debtor must plead it (ЗЗД Art. 116); acknowledgment of the debt interrupts the period and restarts it from zero.

Default (забава) requires a demand (покана) unless a fixed date was agreed; from default the debtor owes moratory interest at the statutory rate plus damages for further loss.

Penalty clause (неустойка, ЗЗД Art. 92) is compensatory by default; the court may reduce an excessive penalty to the actual loss; penalty and specific performance can be cumulated only for delay.

Assignment of claims (ЗЗД Art. 99) requires written notice to the debtor; the debtor may raise against the assignee all defenses existing at the time of notice.

Set-off (прихващане, ЗЗД Art. 103) requires reciprocal, due, fungible obligations; it operates retroactively to the date when both claims first became capable of set-off.

Ownership (право на собственост) is absolute, exclusive, perpetual, and inheritable; it comprises use (ползване), enjoyment (ползване на плодовете), and disposal (разпореждане).

Real rights are closed (numerus clausus): ownership, superficies, usufruct, use, habitation, servitudes, mortgage, and charge (ипотека, залог); no other real rights may be created by contract.

Transfer of ownership in immovables requires a notarized deed (нотариален акт) plus registration in the Property Register; in movables, delivery (tradition) transfers ownership; in vehicles, registration is declaratory.

Acquisitive prescription (придобивна давност): 10 years for immovables with just title and good faith, 5 years for movables; 20 years without title; the period runs and can be interrupted by acknowledgment or by filing a claim.

Accession, specification, and confusion (ЗЗД Arts. 97–101) allocate ownership when things are combined; the owner of the principal thing acquires the accessory against compensation.

Co-ownership (съсобственост) is presumed equal among co-owners; each may use the whole for its purpose without altering it, and may sell its share subject to a right of first refusal of the other co-owners over immovable shares.

Neighbour law (ЗЗД Arts. 50–54) limits use: no excessive emissions, no excavation that undermines a neighbour, right of way over a landlocked plot against compensation.

Possession (владение) is factual control with animus possidendi; it enjoys protection against disturbance by possessory action within one year, independent of title.

Marriage creates community of property (СИО) over acquisitions during marriage; separate property includes pre-marital assets, gifts, inheritance, and personal-use items; spouses may agree otherwise by notarized contract.

Divorce by mutual consent requires the court to approve a settlement on parental rights, maintenance, and division; contested divorce proceeds on irretrievable breakdown grounds.

Parental rights are exercised jointly and in the child's best interest (Art. 6 Family Code); a parent who does not reside with the child owes maintenance set by the court according to need and capacity.

Inheritance opens at the place of the deceased's last domicile; heirs by law are ranked: children (first), parents and siblings (second), grandparents (third), and the surviving spouse in each order with a reserved share.

Intestate shares: the surviving spouse takes an equal share with children but at least one quarter of the estate; with parents or siblings the spouse takes half.

Testamentary freedom is limited by reserved shares (запазена част): forced heirs (children, parents, spouse) are entitled to one half of their intestate share, and a will that infringes it is reduced pro tanto.

Wills must be notarized (notarial will), holographic (written, dated, signed by the testator), or made by public act; oral wills are valid only in imminent danger and lapse if the testator survives 3 months.

Acceptance of inheritance is presumed; a declaration of renunciation (отказ) must be made within 9 months of learning of the death and is irrevocable once registered.

Jurisdiction: general venue is the defendant's domicile (ГПК Art. 105); exclusive venue for immovable claims is the situs of the property; parties may agree on venue except for exclusive-jurisdiction cases.

A claim must state the parties, the subject matter in money, the facts, and the relief; the court returns a defective claim with instructions and a deadline before leaving it without movement.

Evidence: burden of proof lies on the party asserting the fact (ГПК Art. 154); the court may order ex officio evidence where law permits; written evidence prevails over witness testimony in transactions above the statutory threshold.

Judgments become res judicata when no appeal is filed within the statutory period; a final judgment is an enforceable instrument (изпълнителен лист) issued by the court.

Enforcement titles (ГПК Art. 404) include final judgments, court settlements, notarial deeds with immediate enforceability, arbitration awards, and administrative acts declaring public receivables.

Enforcement is opened by application of the creditor to a private bailiff or the state bailiff; the bailiff issues a notice for voluntary performance of 14 days before seizure.

Seizure (запор) transfers the debtor's disposable rights over the asset to the bailiff; the debtor may challenge seizure by a claim under ГПК Art. 435 within one week of learning of it.

Third parties claiming ownership of seized property may file a separate claim (ГПК Art. 440) against the creditor and debtor; a successful claim releases the asset from the seizure.

Sale by auction requires two public notices; the highest bidder pays the price and the court confirms the sale by ruling, after which the buyer is registered as owner.

A merchant (търговец) is any natural or legal person carrying on commercial activity by occupation, including traders by presumption under Art. 1(2) Commerce Act; registration in the Commercial Register is constitutive for companies.

Company forms: sole trader (ЕТ), general partnership (СД), limited partnership (КД), limited liability company (ООД), joint-stock company (АД); minimum capital is 2 BGN for ООД and 50,000 BGN for АД.

A commercial transaction is any act performed by a merchant in connection with its business; commercial obligations carry solidary liability among co-debtors unless otherwise agreed.

Insolvency proceedings (ЗТР/ТЗ Part V) open when the debtor is unable to pay due debts (insolvency) or has assets insufficient to cover liabilities (over-indebtedness); the court appoints a trustee in bankruptcy.

Upon opening, all enforcement against the debtor is stayed and individual seizures are lifted; creditors file their claims within a court-set period and are ranked by privilege.

Avoidance actions (Paulian action, ТЗ Art. 646) allow the trustee to challenge transactions concluded within 1 year before the opening that harm creditors; the period is 2 years for gratuitous transactions.

Secured creditors (mortgagees, pledgees) are paid from the proceeds of their collateral in priority over unsecured creditors, but after costs of the proceedings and privileged claims for wages.

Rehabilitation (оздравяване) is possible where the debtor can be restored to solvency; a plan approved by creditors and confirmed by the court binds dissenting classes.

An administrative act (АА) is a unilateral declaration of will by an administrative body within its competence that creates, modifies, or extinguishes rights or obligations; it is presumed lawful until annulled.

Administrative acts must be in writing, reasoned, and state the authority, the addressee, the operative part, the reasons, and the remedy (АПК Art. 59); a defective act may be void under Art. 146.

Judicial review of an administrative act lies with the Administrative Court (АС) within 14 days of notification; the court may annul, declare nullity, or reject the claim; cassation goes to ВАС.

Grounds for annulment (АПК Art. 146): lack of competence, material breach of procedure, breach of substantive law, and inconsistency with the purpose of the law.

Administrative enforcement (АПК Arts. 418–424) is carried out by the issuing authority or by a bailiff under the Enforcement Procedure Code; the act must be final and enforceable.

The general administrative procedure under АПК requires a hearing before the act is issued; exceptions apply for urgent measures and for acts of a declaratory nature.

Administrative sanctions are imposed by a penal decree (наказателно постановление); appeal within 7 days to the district court; the sanction may be reduced but not increased on appeal.

Public procurement and concession acts are administrative acts subject to judicial review; the Commission for Protection of Competition reviews public procurement disputes as a first instance.

Crimes against justice relevant to enforcement include obstructing enforcement (НК Art. 288), concealing or transferring assets to frustrate seizure, and false declaration of assets by a debtor.

Theft of seized property and damage to a bailiff's seal constitute separate offences; a debtor who removes a sealed asset may face both criminal liability and enforcement sanctions.

Criminal proceedings are public and inquisitorial; the prosecution directs the investigation, the court adjudicates; the injured party may join a civil claim (граждански иск) in the criminal case.

Pre-trial proceedings require a prosecutor's authorization for investigative acts that restrict constitutional rights; a court order is required for search, seizure, and interception.

A conviction may be used as evidence in a civil enforcement case; a final judgment establishing a fact is binding on the civil court as to that fact (prejudicial effect).

Bailiffs may request police assistance to overcome resistance to enforcement (ГПК Art. 439); refusal to obey a lawful bailiff order may constitute an administrative offence.

Criminal liability of a bailiff: abuse of office (НК Art. 282), document forgery, and misappropriation of seized funds; prosecution requires the prosecutor's decision and, for judges, prior authorization.

Statutory limitation periods for criminal liability range from 2 to 20 years depending on the maximum penalty; limitation is interrupted by any procedural act against the accused.

Public receivables (taxes, social security contributions, customs duties) are enforced by the National Revenue Agency (НАП) under the Tax and Social Insurance Procedure Code (ДОПК) and by the National Social Security Institute (НОИ).

A tax act (ревизионен акт) is issued after an audit and is appealable within 14 days to the director of the revenue office, then to the Administrative Court; enforcement may be suspended against security.

Enforcement of public receivables follows the Enforcement Procedure Code by analogy (ДОПК Art. 209); the revenue authority may seize bank accounts, garnish wages, and sell assets at public auction.

Priority of public receivables: taxes rank after costs of the proceedings and after secured claims, but before unsecured commercial claims; social security contributions are privileged over ordinary taxes.

Joint liability for tax debts arises for spouses for community property and for managers and controlling persons in cases of insolvency or transfer of assets (ДОПК Art. 20).

Tax enforcement may be challenged by a claim for annulment of the seizure or by an objection to the assessment; the limitation period for collection is 10 years from the due date, extendable by interruption.

Social security contributions are assessed by a declaration (декларация образец 1 and 6) and enforced by НОИ; unpaid contributions bear statutory interest from the due date.

The revenue authority may order a precautionary seizure (обезпечителен запор) before assessment where collection is at risk; the measure requires a reasoned order and is subject to judicial review.

A bailiff must be a Bulgarian national with legal capacity, a law degree, two years of legal experience, and must pass the qualification examination and be sworn in by the Chamber (ЗСВ).

Duties of confidentiality and impartiality: a bailiff may not represent a party, may not acquire the debtor's assets at auction, and must disclose conflicts of interest.

Fees are set by a tariff (Наредба № 2) as a percentage of the collected amount plus fixed fees; charging above the tariff is a disciplinary offence.

Disciplinary liability is imposed by the Chamber's disciplinary commission for breach of the Code of Ethics, the ЗСВ, or the tariff; sanctions range from a warning to removal from office.

Civil liability of a bailiff for damages caused by unlawful enforcement acts is fault-based; the state may be liable under the State Liability for Damage Act for judicial acts.

A bailiff must maintain professional indemnity insurance as a condition of practising; the minimum cover is set by the Chamber's regulation.

The bailiff must keep a register of enforcement files, an archive, and a separate client account for collected funds; commingling of funds is a criminal offence.

Supervision: the district court supervises enforcement acts; the Chamber supervises professional conduct; the Minister of Justice has oversight of the Chamber's budget and rules.

Regulation (EU) No 1215/2012 (Brussels I bis) governs jurisdiction and recognition of judgments in civil and commercial matters; enforcement in another Member State requires a certificate, and the exequatur procedure is abolished.

The European Enforcement Order (Regulation 805/2004) applies to uncontested claims certified by the court of origin; certification removes the need for a declaration of enforceability.

The European Order for Payment (Regulation 1896/2006) and the European Small Claims Procedure (Regulation 861/2007) provide simplified cross-border recovery of monetary claims.

Regulation (EU) 2015/848 on insolvency proceedings determines jurisdiction by the centre of main interests (COMI) and provides automatic recognition of the opening decision across Member States.

Service of documents abroad is governed by Regulation (EC) 1393/2007; the addressee may refuse service in a language it does not understand, with a remedy of re-service.

The Hague Convention of 2007 on choice of court agreements and the Lugano Convention apply to relations with non-EU states; Bulgaria is bound by the Lugano Convention as an EU Member State.

Recognition of a foreign judgment requires that it be final, that the foreign court had jurisdiction, that service was proper, and that recognition does not violate Bulgarian public policy (ordre public).

EU law has primacy over conflicting national law (Costa v ENEL, Case 6/64); a Bulgarian court must disapply a national provision that conflicts with directly effective EU law.

Bulgarian Constitution Art. 117(1): judicial power is exercised by courts alone; Art. 117(2) makes courts independent, subject only to the Constitution and law, and Art. 117(3) bars courts from refusing to rule on a matter within their jurisdiction.

Bailiffs are private persons under the Judicial System Act (ЗСВ) exercising delegated public enforcement functions under district court and Chamber (КЧСИ) supervision; they are not judges or state officials.

Court hierarchy: district courts, courts of appeal, Supreme Court of Cassation (ВКС) for cassation, Supreme Administrative Court (ВАС) for administrative cases; the Supreme Judicial Council (ВСС) governs judicial careers.

Judicial independence guarantees: irremovability after appointment, immunity from criminal liability for rulings except intentional crime, and a separate court budget administered by the ВСС.

Constitutional review is centralized in the Constitutional Court (12 justices, 9-year terms); it rules on statute constitutionality, competence conflicts, and presidential impeachment; decisions bind erga omnes.

Art. 4 rule of law and Art. 5(4) give ratified international treaties primacy over conflicting statute; EU obligations are anchored by Art. 4(3) and Constitutional Court Decision No. 3/2004.

Access to a court derives from Arts. 117 and 56; enforcement must provide a hearing and a remedy against enforcement acts, consistent with Art. 6 ECHR.

The Prosecution (Прокуратура) forms part of the judiciary in the broad sense under Art. 127 and supervises legality; investigating magistrates perform no enforcement functions.

Obligations arise from contract, delict, unjust enrichment, and negotiorum gestio (ЗЗД Arts. 1, 45, 55, 56), each with distinct remedies and limitation periods.

Contract formation requires offer and acceptance with definite terms; written form is required for contracts transferring real rights in immovables and for suretyship (ЗЗД Art. 138), else void.

General limitation is 5 years (ЗЗД Art. 110); 3 years for periodic payments, rent, interest, and tort damages; 1 year for certain commercial claims; runs from when the claim becomes due and enforceable.

Limitation is not applied ex officio: the debtor must plead it (ЗЗД Art. 116); acknowledgment of the debt interrupts the period and restarts it.

Default (забава) requires a demand (покана) unless a fixed date was agreed; from default the debtor owes moratory interest at the statutory rate plus damages for further loss.

Penalty clause (неустойка, ЗЗД Art. 92) is compensatory by default; the court may reduce an excessive penalty to actual loss; penalty and performance cumulate only for delay.

Assignment of claims (ЗЗД Art. 99) requires written notice to the debtor; the debtor may raise against the assignee all defenses existing at the time of notice.

Set-off (прихващане, ЗЗД Art. 103) requires reciprocal, due, fungible obligations; it operates retroactively to the date both claims first became capable of set-off.

Ownership is absolute, exclusive, perpetual, and inheritable; it comprises use, enjoyment of fruits, and disposal.

Real rights are closed (numerus clausus): ownership, superificies, usufruct, use, habitation, servitudes, mortgage, and charge; no other real rights may be created by contract.

Transfer of ownership in immovables requires a notarized deed plus Property Register registration; movables transfer by delivery; vehicle registration is declaratory.

Acquisitive prescription: 10 years for immovables with just title and good faith, 5 years for movables, 20 years without title; interrupted by acknowledgment or by filing a claim.

Accession, specification, and confusion (ЗЗД Arts. 97–101) allocate ownership when things are combined; the owner of the principal thing acquires the accessory against compensation.

Co-ownership is presumed equal; each co-owner may use the whole for its purpose without altering it and may sell its share subject to a right of first refusal over immovable shares.

Neighbour law (ЗЗД Arts. 50–54) limits use: no excessive emissions, no undermining excavation, right of way over a landlocked plot against compensation.

Possession is factual control with animus possidendi; it is protected against disturbance by possessory action within one year, independent of title.

Marriage creates community of property (СИО) over acquisitions during marriage; separate property includes pre-marital assets, gifts, inheritance, and personal-use items; spouses may agree otherwise by notarized contract.

Divorce by mutual consent requires court approval of a settlement on parental rights, maintenance, and division; contested divorce proceeds on irretrievable breakdown grounds.

Parental rights are exercised jointly and in the child's best interest (Art. 6 Family Code); a non-resident parent owes maintenance set by the court according to need and capacity.

Inheritance opens at the deceased's last domicile; heirs by law are ranked: children (first), parents and siblings (second), grandparents (third), with the surviving spouse in each order with a reserved share.

Intestate shares: the surviving spouse takes an equal share with children but at least one quarter of the estate; with parents or siblings the spouse takes half.

Testamentary freedom is limited by reserved shares (запазена част): forced heirs (children, parents, spouse) receive one half of their intestate share, and an infringing will is reduced pro tanto.

Wills must be notarized, holographic (written, dated, signed by the testator), or by public act; oral wills are valid only in imminent danger and lapse if the testator survives 3 months.

Acceptance of inheritance is presumed; renunciation (отказ) must be declared within 9 months of learning of the death and is irrevocable once registered.

General venue is the defendant's domicile (ГПК Art. 105); exclusive venue for immovable claims is the situs; parties may agree on venue except for exclusive-jurisdiction cases.

A claim must state the parties, the subject matter in money, the facts, and the relief; the court returns a defective claim with instructions and a deadline before leaving it without movement.

Evidence: burden of proof lies on the party asserting the fact (ГПК Art. 154); written evidence prevails over witness testimony in transactions above the statutory threshold.

Judgments become res judicata when no appeal is filed within the statutory period; a final judgment is an enforceable instrument (изпълнителен лист) issued by the court.

Enforcement titles (ГПК Art. 404) include final judgments, court settlements, notarial deeds with immediate enforceability, arbitration awards, and administrative acts declaring public receivables.

Enforcement opens by creditor application to a private or state bailiff; the bailiff issues a notice for voluntary performance of 14 days before seizure.

Seizure (запор) transfers the debtor's disposable rights over the asset to the bailiff; the debtor may challenge seizure under ГПК Art. 435 within one week of learning of it.

Third parties claiming ownership of seized property may file a separate claim (ГПК Art. 440) against creditor and debtor; success releases the asset from seizure.

Sale by auction requires two public notices; the highest bidder pays the price and the court confirms the sale by ruling, after which the buyer is registered as owner.

A merchant (търговец) is any natural or legal person carrying on commercial activity by occupation, including traders by presumption under Art. 1(2) Commerce Act; Commercial Register registration is constitutive for companies.

Company forms: sole trader (ЕТ), general partnership (СД), limited partnership (КД), limited liability company (ООД), joint-stock company (АД); minimum capital is 2 BGN for ООД and 50,000 BGN for АД.

A commercial transaction is any act by a merchant in connection with its business; commercial obligations carry solidary liability among co-debtors unless otherwise agreed.

Insolvency opens when the debtor cannot pay due debts (insolvency) or has assets insufficient to cover liabilities (over-indebtedness); the court appoints a trustee in bankruptcy.

Upon opening, all enforcement against the debtor is stayed and individual seizures are lifted; creditors file claims within a court-set period and are ranked by privilege.

Avoidance actions (ТЗ Art. 646) allow the trustee to challenge transactions concluded within 1 year before opening that harm creditors; the period is 2 years for gratuitous transactions.

Secured creditors (mortgagees, pledgees) are paid from their collateral in priority over unsecured creditors, but after costs of proceedings and privileged wage claims.

Rehabilitation (оздравяване) is possible where the debtor can be restored to solvency; a plan approved by creditors and confirmed by the court binds dissenting classes.

An administrative act (АА) is a unilateral declaration of will by an administrative body within its competence that creates, modifies, or extinguishes rights or obligations; it is presumed lawful until annulled.

Administrative acts must be written, reasoned, and state the authority, addressee, operative part, reasons, and remedy (АПК Art. 59); a defective act may be void under Art. 146.

Judicial review of an administrative act lies with the Administrative Court within 14 days of notification; the court may annul, declare nullity, or reject; cassation goes to ВАС.

Grounds for annulment (АПК Art. 146): lack of competence, material breach of procedure, breach of substantive law, and inconsistency with the purpose of the law.

Administrative enforcement (АПК Arts. 418–424) is carried out by the issuing authority or by a bailiff under the Enforcement Procedure Code; the act must be final and enforceable.

The general АПК procedure requires a hearing before the act is issued; exceptions apply for urgent measures and declaratory acts.

Administrative sanctions are imposed by penal decree (наказателно постановление); appeal within 7 days to the district court; the sanction may be reduced but not increased on appeal.

Public procurement and concession acts are administrative acts subject to judicial review; the Commission for Protection of Competition reviews public procurement disputes as first instance.

Crimes against justice relevant to enforcement include obstructing enforcement (НК Art. 288), concealing or transferring assets to frustrate seizure, and false asset declarations by a debtor.

Theft of seized property and damage to a bailiff's seal are separate offences; a debtor removing a sealed asset may face criminal liability and enforcement sanctions.

Criminal proceedings are public and inquisitorial; the prosecution directs the investigation and the court adjudicates; the injured party may join a civil claim (граждански иск) in the criminal case.

Pre-trial acts restricting constitutional rights require prosecutor authorization; search, seizure, and interception require a court order.

A conviction may be used as evidence in a civil enforcement case; a final judgment establishing a fact binds the civil court as to that fact (prejudicial effect).

Bailiffs may request police assistance to overcome resistance to enforcement (ГПК Art. 439); refusal to obey a lawful bailiff order may be an administrative offence.

Criminal liability of a bailiff: abuse of office (НК Art. 282), document forgery, and misappropriation of seized funds; prosecution requires the prosecutor's decision.

Statutory limitation for criminal liability ranges from 2 to 20 years depending on the maximum penalty; limitation is interrupted by any procedural act against the accused.

Public receivables (taxes, social security contributions, customs duties) are enforced by the National Revenue Agency (НАП) under ДОПК and by the National Social Security Institute (НОИ).

A tax act (ревизионен акт) follows an audit and is appealable within 14 days to the revenue director, then to the Administrative Court; enforcement may be suspended against security.

Enforcement of public receivables follows the Enforcement Procedure Code by analogy (ДОПК Art. 209); the revenue authority may seize bank accounts, garnish wages, and sell assets at auction.

Priority: taxes rank after costs of proceedings and secured claims but before unsecured commercial claims; social security contributions are privileged over ordinary taxes.

Joint liability for tax debts arises for spouses for community property and for managers and controlling persons in insolvency or asset-transfer cases (ДОПК Art. 20).

Tax enforcement may be challenged by a claim to annul the seizure or by objection to the assessment; the collection limitation is 10 years from the due date, extendable by interruption.

Social security contributions are assessed by declaration (образец 1 and 6) and enforced by НОИ; unpaid contributions bear statutory interest from the due date.

The revenue authority may order a precautionary seizure (обезпечителен запор) before assessment where collection is at risk; the measure requires a reasoned order and is subject to judicial review.

A bailiff must be a Bulgarian national with legal capacity, a law degree, two years of legal experience, pass the qualification examination, and be sworn in by the Chamber (ЗСВ).

Duties of confidentiality and impartiality: a bailiff may not represent a party, may not acquire the debtor's assets at auction, and must disclose conflicts of interest.

Fees are set by a tariff (Наредба № 2) as a percentage of the collected amount plus fixed fees; charging above the tariff is a disciplinary offence.

Disciplinary liability is imposed by the Chamber's disciplinary commission for breach of the Code of Ethics, the ЗСВ, or the tariff; sanctions range from a warning to removal from office.

Civil liability of a bailiff for damages caused by unlawful enforcement acts is fault-based; the state may be liable under the State Liability for Damage Act for judicial acts.

A bailiff must maintain professional indemnity insurance as a condition of practising; the minimum cover is set by the Chamber's regulation.

The bailiff must keep a register of enforcement files, an archive, and a separate client account for collected funds; commingling of funds is a criminal offence.

Supervision: the district court supervises enforcement acts; the Chamber supervises professional conduct; the Minister of Justice oversees the Chamber's budget and rules.

Regulation (EU) No 1215/2012 (Brussels I bis) governs jurisdiction and recognition of judgments in civil and commercial matters; enforcement in another Member State requires a certificate, and exequatur is abolished.

The European Enforcement Order (Regulation 805/2004) applies to uncontested claims certified by the court of origin; certification removes the need for a declaration of enforceability.

The European Order for Payment (Regulation 1896/2006) and the European Small Claims Procedure (Regulation 861/2007) simplify cross-border recovery of monetary claims.

Regulation (EU) 2015/848 on insolvency determines jurisdiction by the centre of main interests (COMI) and provides automatic recognition of the opening decision across Member States.

Service abroad is governed by Regulation (EC) 1393/2007; the addressee may refuse service in a language it does not understand, with a remedy of re-service.

The Hague Convention of 2007 on choice of court agreements and the Lugano Convention apply to relations with non-EU states; Bulgaria is bound by the Lugano Convention as an EU Member State.

Recognition of a foreign judgment requires that it be final, that the foreign court had jurisdiction, that service was proper, and that recognition does not violate Bulgarian public policy (ordre public).

EU law has primacy over conflicting national law (Costa v ENEL, Case 6/64); a Bulgarian court must disapply a national provision that conflicts with directly effective EU law.

Bulgarian Constitution Art. 117(1): judicial power is exercised by courts alone; Art. 117(2) makes courts independent, subject only to the Constitution and law, and Art. 117(3) bars courts from refusing to rule on a matter within their jurisdiction.

Bailiffs are private persons under the Judicial System Act (ЗСВ) exercising delegated public enforcement functions under district court and Chamber (КЧСИ) supervision; they are not judges or state officials.

Court hierarchy: district courts, courts of appeal, Supreme Court of Cassation (ВКС) for cassation, Supreme Administrative Court (ВАС) for administrative cases; the Supreme Judicial Council (ВСС) governs judicial careers.

Judicial independence guarantees: irremovability after appointment, immunity from criminal liability for rulings except intentional crime, and a separate court budget administered by the ВСС.

Constitutional review is centralized in the Constitutional Court (12 justices, 9-year terms); it rules on statute constitutionality, competence conflicts, and presidential impeachment; decisions bind erga omnes.

Art. 4 rule of law and Art. 5(4) give ratified international treaties primacy over conflicting statute; EU obligations are anchored by Art. 4(3) and Constitutional Court Decision No. 3/2004.

Access to a court derives from Arts. 117 and 56; enforcement must provide a hearing and a remedy against enforcement acts, consistent with Art. 6 ECHR.

The Prosecution (Прокуратура) forms part of the judiciary in the broad sense under Art. 127 and supervises legality; investigating magistrates perform no enforcement functions.

Obligations arise from contract, delict, unjust enrichment, and negotiorum gestio (ЗЗД Arts. 1, 45, 55, 56), each with distinct remedies and limitation periods.

Contract formation requires offer and acceptance with definite terms; written form is required for contracts transferring real rights in immovables and for suretyship (ЗЗД Art. 138), else void.

General limitation is 5 years (ЗЗД Art. 110); 3 years for periodic payments, rent, interest, and tort damages; 1 year for certain commercial claims; runs from when the claim becomes due and enforceable.

Limitation is not applied ex officio: the debtor must plead it (ЗЗД Art. 116); acknowledgment of the debt interrupts the period and restarts it.

Default (забава) requires a demand (покана) unless a fixed date was agreed; from default the debtor owes moratory interest at the statutory rate plus damages for further loss.

Penalty clause (неустойка, ЗЗД Art. 92) is compensatory by default; the court may reduce an excessive penalty to actual loss; penalty and performance cumulate only for delay.

Assignment of claims (ЗЗД Art. 99) requires written notice to the debtor; the debtor may raise against the assignee all defenses existing at the time of notice.

Set-off (прихващане, ЗЗД Art. 103) requires reciprocal, due, fungible obligations; it operates retroactively to the date both claims first became capable of set-off.

Ownership is absolute, exclusive, perpetual, and inheritable; it comprises use, enjoyment of fruits, and disposal.

Real rights are closed (numerus clausus): ownership, superficies, usufruct, use, habitation, servitudes, mortgage, and charge; no other real rights may be created by contract.

Transfer of ownership in immovables requires a notarized deed plus Property Register registration; movables transfer by delivery; vehicle registration is declaratory.

Acquisitive prescription: 10 years for immovables with just title and good faith, 5 years for movables, 20 years without title; interrupted by acknowledgment or by filing a claim.

Accession, specification, and confusion (ЗЗД Arts. 97–101) allocate ownership when things are combined; the owner of the principal thing acquires the accessory against compensation.

Co-ownership is presumed equal; each co-owner may use the whole for its purpose without altering it and may sell its share subject to a right of first refusal over immovable shares.

Neighbour law (ЗЗД Arts. 50–54) limits use: no excessive emissions, no undermining excavation, right of way over a landlocked plot against compensation.

Possession is factual control with animus possidendi; it is protected against disturbance by possessory action within one year, independent of title.

Marriage creates community of property (СИО) over acquisitions during marriage; separate property includes pre-marital assets, gifts, inheritance, and personal-use items; spouses may agree otherwise by notarized contract.

Divorce by mutual consent requires court approval of a settlement on parental rights, maintenance, and division; contested divorce proceeds on irretrievable breakdown grounds.

Parental rights are exercised jointly and in the child's best interest (Art. 6 Family Code); a non-resident parent owes maintenance set by the court according to need and capacity.

Inheritance opens at the deceased's last domicile; heirs by law are ranked: children (first), parents and siblings (second), grandparents (third), with the surviving spouse in each order with a reserved share.

Intestate shares: the surviving spouse takes an equal share with children but at least one quarter of the estate; with parents or siblings the spouse takes half.

Testamentary freedom is limited by reserved shares (запазена част): forced heirs (children, parents, spouse) receive one half of their intestate share, and an infringing will is reduced pro tanto.

Wills must be notarized, holographic (written, dated, signed by the testator), or by public act; oral wills are valid only in imminent danger and lapse if the testator survives 3 months.

Acceptance of inheritance is presumed; renunciation (отказ) must be declared within 9 months of learning of the death and is irrevocable once registered.

General venue is the defendant's domicile (ГПК Art. 105); exclusive venue for immovable claims is the situs; parties may agree on venue except for exclusive-jurisdiction cases.

A claim must state the parties, the subject matter in money, the facts, and the relief; the court returns a defective claim with instructions and a deadline before leaving it without movement.

Evidence: burden of proof lies on the party asserting the fact (ГПК Art. 154); written evidence prevails over witness testimony in transactions above the statutory threshold.

Judgments become res judicata when no appeal is filed within the statutory period; a final judgment is an enforceable instrument (изпълнителен лист) issued by the court.

Enforcement titles (ГПК Art. 404) include final judgments, court settlements, notarial deeds with immediate enforceability, arbitration awards, and administrative acts declaring public receivables.

Enforcement opens by creditor application to a private or state bailiff; the bailiff issues a notice for voluntary performance of 14 days before seizure.

Seizure (запор) transfers the debtor's disposable rights over the asset to the bailiff; the debtor may challenge seizure under ГПК Art. 435 within one week of learning of it.

Third parties claiming ownership of seized property may file a separate claim (ГПК Art. 440) against creditor and debtor; success releases the asset from seizure.

Sale by auction requires two public notices; the highest bidder pays the price and the court confirms the sale by ruling, after which the buyer is registered as owner.

A merchant (търговец) is any natural or legal person carrying on commercial activity by occupation, including traders by presumption under Art. 1(2) Commerce Act; Commercial Register registration is constitutive for companies.

Company forms: sole trader (ЕТ), general partnership (СД), limited partnership (КД), limited liability company (ООД), joint-stock company (АД); minimum capital is 2 BGN for ООД and 50,000 BGN for АД.

A commercial transaction is any act by a merchant in connection with its business; commercial obligations carry solidary liability among co-debtors unless otherwise agreed.

Insolvency opens when the debtor cannot pay due debts (insolvency) or has assets insufficient to cover liabilities (over-indebtedness); the court appoints a trustee in bankruptcy.

Upon opening, all enforcement against the debtor is stayed and individual seizures are lifted; creditors file claims within a court-set period and are ranked by privilege.

Avoidance actions (ТЗ Art. 646) allow the trustee to challenge transactions concluded within 1 year before opening that harm creditors; the period is 2 years for gratuitous transactions.

Secured creditors (mortgagees, pledgees) are paid from their collateral in priority over unsecured creditors, but after costs of proceedings and privileged wage claims.

Rehabilitation (оздравяване) is possible where the debtor can be restored to solvency; a plan approved by creditors and confirmed by the court binds dissenting classes.

An administrative act (АА) is a unilateral declaration of will by an administrative body within its competence that creates, modifies, or extinguishes rights or obligations; it is presumed lawful until annulled.

Administrative acts must be written, reasoned, and state the authority, addressee, operative part, reasons, and remedy (АПК Art. 59); a defective act may be void under Art. 146.

Judicial review of an administrative act lies with the Administrative Court within 14 days of notification; the court may annul, declare nullity, or reject; cassation goes to ВАС.

Grounds for annulment (АПК Art. 146): lack of competence, material breach of procedure, breach of substantive law, and inconsistency with the purpose of the law.

Administrative enforcement (АПК Arts. 418–424) is carried out by the issuing authority or by a bailiff under the Enforcement Procedure Code; the act must be final and enforceable.

The general АПК procedure requires a hearing before the act is issued; exceptions apply for urgent measures and declaratory acts.

Administrative sanctions are imposed by penal decree (наказателно постановление); appeal within 7 days to the district court; the sanction may be reduced but not increased on appeal.

Public procurement and concession acts are administrative acts subject to judicial review; the Commission for Protection of Competition reviews public procurement disputes as first instance.

Crimes against justice relevant to enforcement include obstructing enforcement (НК Art. 288), concealing or transferring assets to frustrate seizure, and false asset declarations by a debtor.

Theft of seized property and damage to a bailiff's seal are separate offences; a debtor removing a sealed asset may face criminal liability and enforcement sanctions.

Criminal proceedings are public and inquisitorial; the prosecution directs the investigation and the court adjudicates; the injured party may join a civil claim (граждански иск) in the criminal case.

Pre-trial acts restricting constitutional rights require prosecutor authorization; search, seizure, and interception require a court order.

A conviction may be used as evidence in a civil enforcement case; a final judgment establishing a fact binds the civil court as to that fact (prejudicial effect).

Bailiffs may request police assistance to overcome resistance to enforcement (ГПК Art. 439); refusal to obey a lawful bailiff order may be an administrative offence.

Criminal liability of a bailiff: abuse of office (НК Art. 282), document forgery, and misappropriation of seized funds; prosecution requires the prosecutor's decision.

Statutory limitation for criminal liability ranges from 2 to 20 years depending on the maximum penalty; limitation is interrupted by any procedural act against the accused.

Public receivables (taxes, social security contributions, customs duties) are enforced by the National Revenue Agency (НАП) under ДОПК and by the National Social Security Institute (НОИ).

A tax act (ревизионен акт) follows an audit and is appealable within 14 days to the revenue director, then to the Administrative Court; enforcement may be suspended against security.

Enforcement of public receivables follows the Enforcement Procedure Code by analogy (ДОПК Art. 209); the revenue authority may seize bank accounts, garnish wages, and sell assets at auction.

Priority: taxes rank after costs of proceedings and secured claims but before unsecured commercial claims; social security contributions are privileged over ordinary taxes.

Joint liability for tax debts arises for spouses for community property and for managers and controlling persons in insolvency or asset-transfer cases (ДОПК Art. 20).

Tax enforcement may be challenged by a claim to annul the seizure or by objection to the assessment; the collection limitation is 10 years from the due date, extendable by interruption.

Social security contributions are assessed by declaration (образец 1 and 6) and enforced by НОИ; unpaid contributions bear statutory interest from the due date.

The revenue authority may order a precautionary seizure (обезпечителен запор) before assessment where collection is at risk; the measure requires a reasoned order and is subject to judicial review.

A bailiff must be a Bulgarian national with legal capacity, a law degree, two years of legal experience, pass the qualification examination, and be sworn in by the Chamber (ЗСВ).

Duties of confidentiality and impartiality: a bailiff may not represent a party, may not acquire the debtor's assets at auction, and must disclose conflicts of interest.

Fees are set by a tariff (Наредба № 2) as a percentage of the collected amount plus fixed fees; charging above the tariff is a disciplinary offence.

Disciplinary liability is imposed by the Chamber's disciplinary commission for breach of the Code of Ethics, the ЗСВ, or the tariff; sanctions range from a warning to removal from office.

Civil liability of a bailiff for damages caused by unlawful enforcement acts is fault-based; the state may be liable under the State Liability for Damage Act for judicial acts.

A bailiff must maintain professional indemnity insurance as a condition of practising; the minimum cover is set by the Chamber's regulation.

The bailiff must keep a register of enforcement files, an archive, and a separate client account for collected funds; commingling of funds is a criminal offence.

Supervision: the district court supervises enforcement acts; the Chamber supervises professional conduct; the Minister of Justice oversees the Chamber's budget and rules.

Regulation (EU) No 1215/2012 (Brussels I bis) governs jurisdiction and recognition of judgments in civil and commercial matters; enforcement in another Member State requires a certificate, and exequatur is abolished.

The European Enforcement Order (Regulation 805/2004) applies to uncontested claims certified by the court of origin; certification removes the need for a declaration of enforceability.

The European Order for Payment (Regulation 1896/2006) and the European Small Claims Procedure (Regulation 861/2007) simplify cross-border recovery of monetary claims.

Regulation (EU) 2015/848 on insolvency determines jurisdiction by the centre of main interests (COMI) and provides automatic recognition of the opening decision across Member States.

Service abroad is governed by Regulation (EC) 1393/2007; the addressee may refuse service in a language it does not understand, with a remedy of re-service.

The Hague Convention of 2007 on choice of court agreements and the Lugano Convention apply to relations with non-EU states; Bulgaria is bound by the Lugano Convention as an EU Member State.

Recognition of a foreign judgment requires that it be final, that the foreign court had jurisdiction, that service was proper, and that recognition does not violate Bulgarian public policy (ordre public).

EU law has primacy over conflicting national law (Costa v ENEL, Case 6/64); a Bulgarian court must disapply a national provision that conflicts with directly effective EU law.