Bulgarian Bar Exam key terms

A voluntary declaration of will by one or more persons intended to create, modify, or extinguish legal relations. It must meet requirements of capacity, lawful and possible object, and proper form to be valid.

The most severe defect of a legal transaction: it produces no legal effects from the outset because it contravenes mandatory law, lacks a required form, or has an unlawful object. Courts may declare it at any time.

A defect that makes a transaction valid until it is annulled at the request of a protected party, such as one acting under mistake, fraud, threat, or incapacity. Annulment has retroactive effect between the parties.

Acting in another person's name and on their account, so that legal effects of the act arise directly for the represented party. It may be statutory or based on a written power of attorney.

A written authorisation by which a principal empowers an agent to perform specified legal acts in the principal's name. It must state the person, the acts authorised, and the signature of the grantor.

Acquisition of ownership over immovable property by uninterrupted possession in good faith for ten years or without good faith for twenty years, provided possession is continuous, peaceful, and undisputed.

Possession is factual control over a thing with the intent to hold it as owner; detention is physical control exercised for another person without that intent. The distinction determines whether prescription can run.

Absolute rights over a thing enforceable against everyone, including ownership, right of use, servitude, building right, and security interests such as mortgage. They arise only in the forms and with the publicity required by statute.

A security right in rem over immovable property securing a claim, created by written notarised act and registered in the property register. The creditor may enforce it against any subsequent owner.

Legal instruments protecting a creditor against non-performance, such as guarantee, surety, pledge, mortgage, earnest money, and penalty clause. Accessory securities follow the fate of the secured claim.

A contractual sum the debtor owes the creditor for delay or defective performance. Unless otherwise agreed, the creditor may claim either the penalty or specific performance, but not both.

Failure to perform an obligation in the manner and time agreed. The debtor is liable unless performance is impossible for reasons not attributable to them, and the creditor may demand performance, damages, or rescission.

The two elements linking a breach to compensation: actual loss and lost profit must be proven, and they must flow foreseeably from the breach. Contributory fault reduces the award.

A legally recognised union between two persons of different sex concluded before a civil registrar. It creates personal and property relations governed by family law and can be dissolved only by death or court judgment.

The statutory property regime under which assets acquired during marriage through the spouses' labour or income become common property, while personal gifts, inheritance, and pre-marital assets remain separate.

A written, notarised contract by which spouses regulate their property relations, including choosing a separation-of-property regime or adjusting shares in common assets. It may be amended or terminated by the same form.

Succession occurring when the deceased left no valid will or the will covers only part of the estate. Statutory heirs are ranked in classes, beginning with children and descending further to parents and siblings.

A unilateral, revocable, strictly formal declaration by which a person disposes of their estate for the event of death. Forms include notarial, holographic, and privileged wills made in special circumstances.

The portion of an estate that certain close heirs, such as children or the surviving spouse, cannot be deprived of by will. It equals one half of their statutory share.

A written agreement under which a worker personally performs work under an employer's direction and control in exchange for remuneration. It must specify position, term, place, and amount of pay.

An employer's power to impose sanctions on an employee for breach of labour duties, ranging from a warning to dismissal. A written explanation must be requested and the sanction ordered within statutory deadlines.

A social security payment from the state social insurance fund to insured persons who lose employment involuntarily. Eligibility depends on contribution periods, and the amount and duration are fixed by law.

The total periods during which a person was insured or is deemed insured, used to determine entitlement to pensions and other benefits. Periods of study or military service may be credited under statutory conditions.

A culpable act dangerous to society that is declared punishable by the Criminal Code. Its elements are the act, its wrongfulness, the perpetrator's guilt, and the statutory penalty.

The mental element of a crime, expressed as intent or negligence. Intent requires awareness of the act and its consequences; negligence requires failure to foresee consequences that the person ought to have foreseen.

Joint commission of a crime by two or more persons acting with a common intent, each contributing to the result. Participants may be co-perpetrators, instigators, or aiders, with liability graded accordingly.

A procedural restraint imposed on an accused person during criminal proceedings, such as a written undertaking, bail, house arrest, or detention. The court chooses the least restrictive measure sufficient to secure attendance.

The investigative stage conducted by an investigating authority under a prosecutor's supervision, gathering evidence and deciding whether to bring charges. It ends with an indictment or a decision to terminate.

A formal accusation that a specific person committed a defined offence, set out in an indictment or similar act. It fixes the factual and legal scope of the trial and the accused's right to know the case.

A unilateral authoritative decision of an administrative body creating, modifying, or extinguishing rights or obligations for an individual. It must be lawful, motivated, and communicated to the addressee.

The gravest defect of an administrative act, rendering it without legal effect from the outset, for example where it lacks competence or a required form. Nullity may be established at any time.

A request to a higher administrative body to review and revoke or amend an act of a lower body. Filing it is generally optional and precedes judicial challenge within statutory time limits.

A natural or legal person who by occupation carries out commercial transactions, including companies and sole traders. Merchant status triggers registration duties and specific accounting and insolvency rules.

A legal entity formed by partners to pursue business activity, taking forms such as general partnership, limited partnership, limited liability company, or joint-stock company. It acquires capacity upon registration.

The public register recording merchants, company statutes, managers, and other prescribed facts. Entries are publicly announced and generally have constitutive or declaratory effect against third parties.

A collective court procedure opened when a debtor is unable to pay debts, aimed at satisfying creditors from the estate and, where possible, rehabilitating the enterprise. It may end in a reorganisation plan or liquidation.

The Constitutional Court's power to review the conformity of statutes and international treaties with the Constitution. It acts on specific referrals and its decisions declaring unconstitutionality bind all authorities.

A constitutional principle requiring that state power be exercised only on a legal basis, that authorities respect fundamental rights, and that courts provide effective protection against arbitrary action.

The advocate's duty to keep confidential all information learned in the course of professional activity. It protects the client's trust, has no time limit, and may be overridden only in exceptional statutory cases.

A situation in which an advocate's personal, financial, or other interest, or a duty to another client, could impair independent judgment. The advocate must decline or terminate the engagement.

The body of rules governing advocates' conduct, including independence, loyalty, confidentiality, diligence, and respect for the court. Breach may lead to disciplinary sanctions by the bar association.