Civil Law and Obligations
Core concepts
Master the general theory of obligations: sources (contract, tort, unjust enrichment, negotiorum gestio), the requirements for valid contract formation, representation and mandate, and the effects of non-performance. Understand solutio indebiti, the distinction between joint and several liability, and the rules on assignment of claims and assumption of debt, which matter when a bailiff identifies enforceable claims. Know prescription periods; the general period is five years, with shorter periods for specific claims and a ten-year period for certain others. Understand default interest, penalty clauses, and the ability to reduce excessive penalties.
Traps
Questions mix up the burden of proof in tort versus contract. Another trap concerns whether assignment requires debtor consent (it generally does not, but notification is needed to make it effective against the debtor), whereas assumption of debt does require consent. Watch for confusion between void and voidable transactions and the consequences of each.
Worked example
A debtor owes 10,000 leva under a contract with 0.1 percent daily default interest. If the contract is silent on interest, statutory default interest applies from the date of default, not from the due date automatically. Always check whether the claim is liquid and due before enforcement.
Rule of thumb
Classify the source of the obligation first; it determines the burden of proof, the prescription period and the available remedies.