Bulgarian State Bailiff Competition Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Judicial power under Art. 117

Bulgarian Constitution: courts alone exercise judicial power, are independent and subject only to the Constitution and statute, and may not refuse a case within their jurisdiction.

Private bailiff status

A bailiff is a private person under the Judicial System Act who performs delegated public enforcement functions, supervised by the district court and the Chamber of Private Enforcement Agents, not a judge or civil servant.

Supreme Judicial Council

The ВСС is the constitutional body that appoints, promotes, transfers, and dismisses judges, prosecutors, and investigators, and administers the separate court budget, safeguarding judicial independence.

General limitation period

Under ЗЗД Art. 110 the general limitation period is five years; three years applies to periodic payments, rent, interest, and tort damages; one year applies to certain commercial claims.

Set-off requirements

Set-off under ЗЗД Art. 103 requires reciprocal, due, and fungible obligations; it operates retroactively to the date both claims first became capable of set-off, extinguishing them to the lesser amount.

Penalty clause reduction

A contractual penalty (неустойка) is compensatory by default; the court may reduce an excessive penalty to the actual loss suffered, and penalty cumulates with performance only for delay.

Acquisitive prescription periods

For immovables, ten years with just title and good faith and twenty years without title; for movables, five years. Acknowledgment of the owner's right or a filed claim interrupts the period.

Numerus clausus of real rights

Only statute may create real rights: ownership, superficies, usufruct, use, habitation, servitudes, mortgage, and charge. Contracts cannot create new types of real right.

Transfer of immovable ownership

Ownership of immovables passes by a notarized deed plus registration in the Property Register; for movables, delivery transfers ownership, and vehicle registration is merely declaratory.

Reserved share in inheritance

Forced heirs, namely children, parents, and the surviving spouse, are entitled to one half of their intestate share; a will infringing this reserved portion is reduced proportionally.

Surviving spouse intestate share

The surviving spouse inherits an equal share with children but at least one quarter of the estate; when parents or siblings inherit, the spouse takes one half of the estate.

Renunciation of inheritance

Renunciation (отказ) must be declared in writing within nine months of learning of the death and, once registered, is irrevocable; acceptance of an inheritance is presumed by law.

Enforcement titles

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

Voluntary performance notice

Before seizure, the bailiff serves the debtor a notice allowing fourteen days for voluntary payment; only after that period may coercive measures such as seizure be applied.

Third-party claim against seizure

A person asserting ownership of seized property may bring a separate claim under ГПК Art. 440 against the creditor and debtor; success releases the asset from the seizure.

Insolvency opening grounds

Insolvency proceedings open where the debtor is unable to pay due debts or where its assets are insufficient to cover liabilities; the court appoints a trustee in bankruptcy to administer the estate.

Paulian avoidance action

The trustee may challenge transactions harming creditors concluded within one year before insolvency opening, and gratuitous transactions within two years, to return assets to the estate.

Secured creditor priority

Mortgagees and pledgees are paid from the proceeds of their collateral ahead of unsecured creditors, but after costs of the proceedings and privileged claims such as unpaid wages.

Annulment grounds for administrative acts

АПК Art. 146 grounds are lack of competence, material breach of procedure, breach of substantive law, and inconsistency with the purpose of the law; the act is presumed lawful until annulled.

Administrative act reasoning duty

An administrative act must be written and reasoned, stating the issuing authority, addressee, operative part, factual and legal reasons, and the available remedy; defects may render it void.

Administrative sanction appeal

A penal decree imposing an administrative sanction may be appealed within seven days to the district court; on appeal the court may reduce but not increase the sanction imposed.

Obstruction of enforcement offence

Criminal Code Art. 288 punishes obstructing enforcement; concealing or transferring assets to frustrate seizure and false asset declarations by a debtor may also attract criminal liability.

Prejudicial effect of judgment

A final criminal judgment establishing a fact binds a civil court as to that fact, so a conviction for concealment may support civil enforcement claims without re-litigating the fact.

Police assistance in enforcement

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

Tax act appeal

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

Collection limitation for taxes

The limitation period for collecting public receivables is ten years from the due date; it is interrupted by enforcement acts and restarts, extending the collection window.

Bailiff qualification requirements

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.

Bailiff fee tariff

Fees are set by Наредба No. 2 as a percentage of the collected amount plus fixed fees; charging above the tariff constitutes a disciplinary offence under the Chamber's rules.

Bailiff disciplinary liability

The Chamber's disciplinary commission imposes sanctions for breach of the Code of Ethics, the Judicial System Act, or the fee tariff, ranging from a warning to removal from office.

Brussels I bis enforcement

Regulation (EU) 1215/2012 abolishes exequatur: a judgment from another Member State is enforced on presentation of a certificate issued by the court of origin.

European Enforcement Order

Regulation (EC) 805/2004 certifies uncontested claims by the court of origin, removing the need for a declaration of enforceability in the Member State of enforcement.

COMI in insolvency

Regulation (EU) 2015/848 assigns jurisdiction to the Member State where the debtor has its centre of main interests, and the opening decision is automatically recognised elsewhere.