Bulgarian Bar Exam cheat sheet

Legal capacity (правоспособност) arises at birth and ends at death; delictual capacity (дееспособност) for natural persons is acquired at 18, with limited capacity for minors aged 14-18 who may conclude small everyday transactions.

Acquisition by prescription (придобивна давност): 10 years for real estate and 5 years for movables in good faith; the period runs against non-owners and may be interrupted by acknowledgment or claim.

Invalidity: nullity (нищожност) operates ex lege and may be declared by any interested party at any time; voidability (унищожаемост) requires an action within 5 years from knowledge of the defect.

Civil procedure action must contain parties, subject matter, legal ground, and prayer for relief; the court ex officio verifies procedural prerequisites and returns a defective claim for correction.

Burden of proof (тежест на доказване) lies on the party asserting the fact; the court assesses evidence by inner conviction, and facts needing no proof include notorious facts and admitted facts.

Res judicata (сила на пресъдено нещо) binds the parties and their successors regarding the operative part of the judgment; a second claim on the same subject, parties, and ground is inadmissible.

Appeal (въззивно производство) against a first-instance judgment lies within 2 weeks of service; cassation review (касационно производство) before the Supreme Court of Cassation is limited to legality and admissible grounds.

Possession (владение) is factual control over a thing; it is protected summarily against disturbance, and the possessor in good faith acquires fruits and is liable only for damage caused by fault.

Crime requires actus reus, culpability (guilt), unlawfulness, and punishability; a person is punishable only if culpable, and no punishment without a legal provision in force at the time of the act.

Criminal responsibility for intentional crimes begins at 14 for enumerated grave offences (e.g., murder, robbery, rape) and at 18 in general; minors are subject to educational measures instead of or alongside punishment.

Attempt (опит) is punishable for intentional crimes; preparation is punishable only where expressly provided; voluntary abandonment (доброволен отказ) excludes punishability of the attempted act.

Complicity: perpetrator, instigator, and aider; the accomplice's liability follows the perpetrator's act, and personal circumstances excluding liability benefit only the person concerned.

Statutory limitation of prosecution: 20 years for crimes punishable by more than 10 years' imprisonment, 15 years for 3-10 years, 10 years for up to 3 years; limitation does not run while proceedings are stayed by law.

Pre-trial proceedings are conducted by investigators under the supervision of the prosecutor; the prosecutor may terminate or bring the case to court, and the court cannot initiate criminal proceedings itself.

Coercive measures (мерки за неотклонение): detention (задържане под стража) requires a court order and reasonable suspicion plus risk of absconding, reoffending, or obstructing justice; maximum pre-trial detention is subject to statutory extension limits.

Judgment is delivered within statutory time after completion of the trial; the appellate court reviews both facts and law, and cassation review by the Supreme Court of Cassation is limited to law and material procedural violations.

Administrative act (индивидуален административен акт) is a unilateral authoritative declaration by an administrative body creating, modifying, or extinguishing rights or obligations; it must state grounds, operative part, and appeal instructions.

Presumption of validity: an administrative act is enforceable unless suspended; the authority may ex officio revoke unlawful acts within statutory time limits, subject to protection of acquired rights.

Appeal against an individual administrative act lies to the higher administrative body or the administrative court within 14 days of notification; the court reviews legality, not expediency.

Grounds for annulment: lack of competence, material breach of procedural rules, substantial violation of the law, and non-conformity with the aim of the law.

Silence of the administration: failure to decide within the statutory period is treated as refusal, which is appealable; specific statutes may provide for deemed approval.

Administrative procedure is initiated ex officio or on application; parties have the right to be heard, to access the file, and to reasoned decisions; the authority establishes the facts ex officio.

Enforcement of administrative acts follows the Administrative Procedure Code; coercive administrative measures require a legal basis and proportionality, and affected parties may seek judicial protection.

State liability for damage caused by unlawful administrative acts or omissions is sought under the State Liability for Damage Act, with a preliminary request to the authority before court action.

The Constitution is the supreme law; laws and other acts must conform, and the Constitutional Court reviews constitutionality of laws, treaties, and presidential acts on referral by specified bodies.

Fundamental rights may be restricted only by law, for a legitimate aim, and proportionally; the essence of the right may not be affected.

The National Assembly is the legislative body; the President is head of state with limited powers including suspensive veto and appointment of certain officials on proposal of the Council of Ministers.

Judicial power is independent, exercised by courts in the name of the people; judges are irremovable, subject only to the law, and may not be members of political parties.

Court system: district courts, regional courts, courts of appeal, and the Supreme Court of Cassation for civil and criminal matters; the Supreme Administrative Court heads administrative justice.

The Supreme Judicial Council (ВСС) organizes the judiciary, appoints, promotes, and dismisses judges and prosecutors, and exercises disciplinary power; its acts are subject to judicial review.

Prosecutor's office is part of the judiciary and conducts criminal prosecution and supervision of legality; prosecutors are subject to the law and to the Prosecutor General's instructions within the statutory framework.

Constitutional review may be initiated by one-fifth of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court, or the Prosecutor General.

Merchant (търговец) is a natural or legal person performing commercial transactions by occupation; registration in the Commercial Register is constitutive for companies and declaratory for sole traders.

Company forms: 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.

Limited liability company: members' liability is limited to their contributions; the general meeting, manager, and controlling body are mandatory organs; a member may challenge resolutions within 14 days.

Joint-stock company: capital divided into shares; general meeting, board of directors, and managing director; annual financial statements are adopted by the general meeting.

Commercial transactions (търговски сделки) are listed in the Commerce Act and include purchase of goods for resale, leasing, insurance, banking, and carriage; they are commercial regardless of the parties' status.

Insolvency proceedings open when the debtor is unable to pay due debts; the court appoints a trustee, and the debtor may propose a rehabilitation plan within statutory time.

Commercial procedure: claims arising from commercial transactions are heard by the regional court; interim measures and documentary proceedings are available, and the claim must state the commercial nature.

Company dissolution and liquidation: after liquidation, the remaining assets are distributed among members; transactions of the liquidator beyond ordinary management require authorization.

Contract is formed by offer and acceptance; acceptance must be timely and unconditional; silence is not acceptance unless provided by law, custom, or the offeror's proposal.

A contract for sale transfers ownership upon delivery or registration where required; the seller warrants the thing against defects and the buyer must notify defects within statutory periods.

Non-performance: creditor may demand performance or damages; debtor is liable unless excused by force majeure or by the creditor's fault; default interest accrues on monetary obligations.

Penalty clause (неустойка) is due without proof of damage; the court may reduce an excessive penalty; penalty and damages may be cumulated only to the extent of the excess.

Solidary liability arises from law or contract; the creditor may claim the whole from any solidary debtor, and the debtor who pays has recourse against the others.

Unjust enrichment: a person who acquires property without legal ground must return it, together with fruits and interest, to the deprived party; restitution is excluded where acquisition is based on a valid but later failed cause.

Assignment of claims requires notice to the debtor; the debtor may raise against the assignee defences existing at the time of notice; obligations are presumed personal and not assignable without consent.

Limitation period for contractual claims is 5 years, and 3 years for tort claims; limitation is interrupted by acknowledgment or by filing a claim.

Marriage requires mutual consent, legal age of 18 (16 with court permission), absence of prior undissolved marriage, and no prohibited kinship; it is registered before the civil registry.

Marital property regime: property acquired during marriage is community property unless separate; separate property includes premarital assets, gifts, and inheritance; community property is divided by agreement or court.

Divorce by mutual consent requires agreement on custody, maintenance, and property division; contested divorce proceeds on grounds of irretrievable breakdown proven to the court.

Parental rights are exercised in the child's best interest; custody disputes consider the child's attachment, and a child aged 10 is heard; parental maintenance continues until majority or completion of education.

Adoption requires consent of parents or a competent authority, a minimum age difference, and court approval; adoption severs ties with the family of origin except where the law provides otherwise.

Intestate succession order: children and spouse, then parents and siblings, then grandparents; the surviving spouse takes a share alongside children and receives household effects.

Testamentary succession: a will must be in statutory form; forced heirs (children, spouse, parents) are entitled to a reserved portion, and dispositions exceeding it are reduced.

Acceptance of inheritance may be express or by conduct; heirs are liable for the deceased's debts only up to the value of the inheritance, and a benefit of inventory protects them.

Employment contract must be in writing, specify position, remuneration, and duration; a copy is filed with the National Revenue Agency; probation may not exceed 6 months.

Working time is up to 8 hours daily and 40 hours weekly; overtime requires written order and is compensated with increased pay or compensatory rest.

Annual paid leave is at least 20 working days; leave accrues with length of service and may be used in parts with the employer's consent.

Dismissal requires a legal ground and written order stating reasons; protected categories (pregnant employees, mothers of young children) require prior authorization from the labor inspectorate.

Severance pay is due on dismissal for certain grounds, e.g., redundancy or closure; the amount depends on length of service under the Labor Code.

Minimum wage is set by the Council of Ministers; wages are paid at least monthly, and wage claims are protected in insolvency through the Guaranteed Claims Fund.

Social insurance covers sickness, maternity, disability, old age, and unemployment; contributions are shared between employer, employee, and the state budget.

Labor disputes are heard by the civil courts after mandatory conciliation; collective disputes follow a separate procedure with strikes permitted only after exhaustion of negotiations.

Attorney (адвокат) is admitted by the Supreme Bar Council after bar examination; the attorney is independent and owes duties to the client, the court, and the profession.

Confidentiality (адвокатска тайна) covers all information entrusted by the client and is unlimited in time; disclosure is permitted only to prevent a future crime or with the client's informed consent.

Conflict of interest: an attorney may not represent opposing parties in the same or related matters; representation is barred where the attorney previously advised the opposing party.

Contingency fees are prohibited; fees are set by agreement within the minimum rates adopted by the Supreme Bar Council, and the court awards attorney fees in litigation.

Attorney-client privilege protects correspondence; the attorney may not be questioned about facts learned in the course of the mandate, and searches of attorney premises require judicial authorization.

Disciplinary liability arises for breach of the Code of Ethics; sanctions range from reprimand to disbarment; disciplinary proceedings are conducted by the Supreme Bar Council.

Advertising is permitted only in forms approved by the Bar; comparative or misleading advertising and solicitation of clients are prohibited.

Judges and prosecutors are subject to ethical codes and disciplinary liability; a judge must recuse where impartiality may be questioned, and ex parte contact with parties is prohibited.