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Bulgarian Magistrate Competition Exam study materials
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Bulgarian Magistrate Competition Exam practice questions

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Question 1Constitutional Law

According to the Constitution of the Republic of Bulgaria, who is the head of state and what body does the head of state embody?

  1. The Constitutional Court, which embodies the rule of law
  2. The Chair of the National Assembly, who embodies the legislature
  3. The President, who embodies the unity of the nation Correct answer.
  4. The Prime Minister, who embodies the executive power

Explanation

The Constitution establishes the President as head of state and states that the President embodies the unity of the nation and represents the Republic in international relations. The Prime Minister heads the Council of Ministers, not the state, and the National Assembly is a collective legislative body.

Question 2Constitutional Law

What is the standard term of office of the President of the Republic of Bulgaria?

  1. Seven years
  2. Five years Correct answer.
  3. Four years
  4. Six years

Explanation

The President is elected for a term of five years, and the Constitution limits any person to at most two mandates. The term is not tied to the four-year cycle of the National Assembly.

Question 3Constitutional Law

Which body elects the members of the Council of Ministers under the Bulgarian Constitution?

  1. The President by decree
  2. The National Assembly on a proposal from the Prime Minister Correct answer.
  3. The Supreme Judicial Council
  4. The Constitutional Court by secret ballot

Explanation

The National Assembly elects and dismisses the Council of Ministers on a proposal by the Prime Minister. The President does not appoint the government independently, and judicial bodies play no role in forming it.

Question 4Constitutional Law

How many judges sit on the Constitutional Court of the Republic of Bulgaria?

  1. Nine
  2. Twelve Correct answer.
  3. Fifteen
  4. Twenty-one

Explanation

The Constitutional Court consists of twelve judges, each serving a nine-year term. One third is elected by the National Assembly, one third appointed by the President, and one third elected by the general assembly of the Supreme Court of Cassation and the Supreme Administrative Court.

Question 5Constitutional Law

Which body has the power to interpret the Constitution in Bulgaria?

  1. The Constitutional Court Correct answer.
  2. The Supreme Court of Cassation
  3. The National Assembly
  4. The Council of Ministers

Explanation

The Constitutional Court is vested with the power to give binding interpretations of the Constitution. Parliament legislates but does not authoritatively interpret the constitutional text, and ordinary courts apply but do not interpret the Constitution conclusively.

Question 6Constitutional Law

The Bulgarian Constitution establishes which form of territorial organization of the state?

  1. A confederation of regions
  2. A federal state of constituent republics
  3. A union of autonomous municipalities
  4. A unitary state with local self-government Correct answer.

Explanation

The Constitution declares Bulgaria a unitary state with local self-government, and municipalities are the basic territorial units. Regions are administrative units, not federal subjects, and no constituent republics exist.

Question 7Constitutional Law

A draft law is passed by the National Assembly but the President disagrees with it. What may the President do under the Constitution?

  1. Refuse to sign it and permanently block its entry into force
  2. Submit it to a national referendum
  3. Refer it directly to the Constitutional Court for a binding ruling
  4. Return it to the National Assembly with motivated objections for reconsideration Correct answer.

Explanation

The President may return a law with motivated objections for a new discussion, but a subsequent majority vote of the National Assembly can override the objection. The President has no absolute veto, cannot refer a draft law at will, and cannot call a referendum on it.

Question 8Constitutional Law

Which bodies may initiate proceedings before the Constitutional Court to declare a law unconstitutional?

  1. Only the Council of Ministers
  2. One fifth of the National Assembly, the President, the Council of Ministers, the Supreme Court of Cassation, the Supreme Administrative Court and the Prosecutor General Correct answer.
  3. Any individual citizen whose rights are affected
  4. Only the Supreme Judicial Council

Explanation

The Constitution enumerates the authorities that may challenge the constitutionality of laws, including one fifth of the deputies, the President, the Council of Ministers, the two supreme courts and the Prosecutor General. Private citizens cannot directly initiate abstract review of statutes.

Question 9Constitutional Law

The mandate of a judge on the Constitutional Court lasts nine years. Which statement correctly describes reappointment?

  1. A judge may be reappointed once after the nine-year term
  2. A judge may not be reappointed after the nine-year term Correct answer.
  3. A judge may serve indefinitely if confirmed by the National Assembly
  4. A judge may be reappointed only by the same appointing authority

Explanation

Constitutional Court judges serve a single nine-year term and cannot be reappointed. This rule protects their independence and prevents office-holding from becoming a career dependent on political bodies.

Question 10Constitutional Law

Which of the following is guaranteed as a fundamental right by the Bulgarian Constitution?

  1. The right to a guaranteed minimum income for all adults
  2. The right to bear arms without restriction
  3. The right to free primary and secondary education in state schools Correct answer.
  4. The right to refuse all taxation

Explanation

The Constitution guarantees free education in state and municipal schools, including primary and secondary levels. It does not guarantee an unconditional minimum income, an unrestricted right to arms, or a right to refuse taxation.

Question 11Constitutional Law

Under the Bulgarian Constitution, when may a person be detained without a judicial decision?

  1. Only in cases of urgent necessity expressly provided by law, with the person brought before a court within a short statutory period Correct answer.
  2. Only with the prior written consent of the Prosecutor General
  3. Whenever the police consider it necessary, without any time limit
  4. Never, under any circumstances

Explanation

The Constitution permits detention only in urgent cases provided by law, and the detained person must be brought before a judicial authority within a short period set by statute. Detention beyond that period requires judicial authorization.

Question 12Constitutional Law

A group of deputies wishes to challenge the constitutionality of a statute. What minimum share of the National Assembly must support the request?

  1. One third of the deputies
  2. One tenth of the deputies
  3. A simple majority of the deputies
  4. One fifth of the deputies Correct answer.

Explanation

One fifth of the deputies may petition the Constitutional Court to declare a statute unconstitutional. This threshold balances access to review against the need to prevent frivolous challenges.

Question 13Constitutional Law

Which statement best describes the constitutional principle of separation of powers in Bulgaria?

  1. The President exercises supreme authority over all branches
  2. Judicial power is subordinate to the Council of Ministers
  3. All state power is concentrated in the National Assembly
  4. State power is exercised through legislative, executive and judicial branches that are independent and cooperate Correct answer.

Explanation

The Constitution organizes state power into legislative, executive and judicial branches, which act independently while cooperating. No single institution is supreme over the others, and the judiciary is not subordinate to the executive.

Question 14Constitutional Law

Which body elects the judges of the Constitutional Court who are chosen by the judiciary?

  1. The President
  2. The Council of Ministers
  3. The National Assembly
  4. The general assembly of the Supreme Court of Cassation and the Supreme Administrative Court Correct answer.

Explanation

One third of the Constitutional Court judges are elected by the general assembly of the judges of the Supreme Court of Cassation and the Supreme Administrative Court. The National Assembly and the President each select another third.

Question 15Constitutional Law

A municipality adopts an ordinance that conflicts with a national statute. Which constitutional principle governs this conflict?

  1. Local self-government prevails because municipalities are autonomous
  2. The ordinance is invalid because local self-government is exercised within the framework of the Constitution and the laws Correct answer.
  3. The President decides which act prevails
  4. The conflict is resolved by a national referendum

Explanation

Local self-government is guaranteed but must be exercised within the Constitution and the law, so municipal acts cannot override national statutes. Higher-ranking norms prevail, and no referendum or presidential ruling resolves such conflicts.

Question 16Constitutional Law

Which statement about the immunity of members of the National Assembly is correct?

  1. Deputies are immune only in civil matters
  2. Deputies are absolutely immune from criminal liability for any act
  3. Deputies cannot be detained or prosecuted except for a serious crime and with the consent of the National Assembly, or in flagrante delicto Correct answer.
  4. Deputies lose immunity only after leaving office

Explanation

Parliamentary immunity protects deputies from detention and criminal prosecution without the Assembly's consent, except for serious crimes and when caught in the act. It is not an absolute bar to liability and does not extend to civil matters specifically.

Question 17Constitutional Law

The Constitution requires that the National Assembly's sittings be public. Which exception is constitutionally contemplated?

  1. The President may order closed sittings at any time
  2. The Assembly may decide to hold closed sittings when required by public order or morality Correct answer.
  3. The Council of Ministers may exclude the press for security reasons
  4. Closed sittings are never permitted

Explanation

Sittings of the National Assembly are public, but the Assembly itself may decide to sit in closed session where public order or morality so requires. Neither the President nor the government can unilaterally close parliamentary proceedings.

Question 18Constitutional Law

A statute is declared unconstitutional by the Constitutional Court. What is the general effect of that decision?

  1. The statute is repealed only if the National Assembly agrees
  2. The statute is automatically replaced by a government decree
  3. The statute ceases to apply from the date the decision enters into force, with effects defined by the Court Correct answer.
  4. The statute remains valid but is interpreted narrowly by the courts

Explanation

A declaration of unconstitutionality renders the statute inapplicable from the moment the decision enters into force, and the Court may define the temporal effects. The National Assembly does not ratify the ruling, and no executive decree substitutes for the invalidated law.

Question 19Constitutional Law

Which body exercises control over the constitutionality of political parties' activities and may ban a party?

  1. The Constitutional Court on a referral from a defined authority Correct answer.
  2. The Council of Ministers
  3. The National Assembly by simple majority
  4. The Supreme Judicial Council

Explanation

The Constitutional Court rules on the constitutionality of parties and may order their dissolution where they act against the Constitution. Parliament and the executive cannot ban parties by ordinary decision.

Question 20Constitutional Law

Under the Bulgarian Constitution, which statement about the right to property is accurate?

  1. Property may be taken by the state without compensation whenever public interest is asserted
  2. Only citizens may own property; foreigners are excluded
  3. Property is inviolable and may be expropriated only for state or municipal needs, in exceptional cases, with prior and equivalent compensation Correct answer.
  4. Property rights are absolute and subject to no regulation

Explanation

The Constitution guarantees the inviolability of property and permits expropriation only for state or municipal needs in exceptional cases, with prior and equivalent compensation. Property rights are subject to lawful regulation and are not limited to citizens.

Question 21Civil Law and Civil Procedure

Which body of Bulgarian private law governs the relations between individuals and legal persons regarding property, obligations and succession?

  1. Administrative law
  2. Civil law Correct answer.
  3. Constitutional law
  4. Criminal law

Explanation

Civil law regulates private relations between equal subjects, covering property, obligations, contracts and succession, and it is codified chiefly in the Law on Obligations and Contracts and the Law on Property. Administrative and criminal law belong to public law, while constitutional law addresses the organisation of the state.

Question 22Civil Law and Civil Procedure

Under the Bulgarian Law on Obligations and Contracts, a contract is concluded when:

  1. The parties reach agreement on all essential terms Correct answer.
  2. The parties sign a written document in the presence of two witnesses
  3. The first performance is rendered by the debtor
  4. The contract is registered with a notary

Explanation

Consensus ad idem on the essential elements of the contract is sufficient for its conclusion; form is required only where the law prescribes it. Notarial certification, writing or performance are additional requirements that do not define the moment of conclusion.

Question 23Civil Law and Civil Procedure

A person who has reached the age of eighteen and is not placed under guardianship has full civil capacity. What is the age of majority in Bulgarian law?

  1. 21 years
  2. 18 years Correct answer.
  3. 14 years
  4. 16 years

Explanation

Bulgarian civil law fixes majority at eighteen years, at which point a person acquires full capacity to exercise civil rights and obligations. Emancipation by marriage may confer full capacity earlier, but the general rule remains eighteen.

Question 24Civil Law and Civil Procedure

Which of the following is an absolute commercial transaction under Bulgarian law, requiring no special form?

  1. A contract for the sale of immovable property
  2. A donation of immovable property
  3. A mortgage agreement
  4. A contract of sale of movable goods Correct answer.

Explanation

The sale of movable goods is consensual and requires no special form, so it may be concluded orally or in writing. Transactions over immovable property, donations and mortgages require notarial form or certification by law.

Question 25Civil Law and Civil Procedure

What is the standard limitation period for civil claims under the Bulgarian Law on Obligations and Contracts?

  1. Ten years
  2. Two years
  3. Three years
  4. Five years Correct answer.

Explanation

The general limitation period for civil claims is five years, running from the moment the right becomes enforceable. Shorter periods apply to specific claims, such as three years for periodic payments and two years for certain commercial claims.

Question 26Civil Law and Civil Procedure

Which court has jurisdiction at first instance over a claim for the ownership of immovable property valued at 100,000 leva?

  1. The regional court (rayonen sad)
  2. The court of appeal
  3. The Supreme Court of Cassation
  4. The district court (okrazhen sad) Correct answer.

Explanation

Claims concerning rights over immovable property and claims exceeding a statutory threshold fall within the first-instance jurisdiction of the district court. Regional courts hear lower-value claims, while appellate and cassation courts review decisions rather than hear such claims at first instance.

Question 27Civil Law and Civil Procedure

A civil action is initiated in Bulgaria by:

  1. Sending a notarial invitation to the defendant
  2. Lodging a complaint with the prosecutor's office
  3. Filing a statement of claim (iskova molba) with the court Correct answer.
  4. Registering the dispute with the bailiff

Explanation

Civil proceedings begin when the plaintiff submits a statement of claim to the competent court, which then examines its admissibility and serves it on the defendant. Other acts, such as notarial invitations, may support a claim but do not commence proceedings.

Question 28Civil Law and Civil Procedure

Which of the following is a real right (veshtno pravo) under Bulgarian civil law?

  1. A loan obligation
  2. A lease of movable property
  3. A claim for damages
  4. Ownership Correct answer.

Explanation

Real rights attach directly to a thing and are enforceable against the world, with ownership being the fullest such right. Claims for damages, loans and leases create obligations between specific parties rather than rights over a thing.

Question 29Civil Law and Civil Procedure

A debtor fails to perform a monetary obligation on the due date. What is the principal consequence under Bulgarian law?

  1. The debtor owes default interest from the date of delay Correct answer.
  2. The debtor is automatically released from the obligation
  3. The creditor may seize the debtor's property only after a criminal conviction
  4. The obligation is converted into a natural obligation

Explanation

Delay in performance of a monetary obligation triggers liability for default interest, calculated according to the statutory or agreed rate from the moment the debtor falls into delay. The underlying obligation remains enforceable and is not extinguished by the delay.

Question 30Civil Law and Civil Procedure

A contract is concluded under the influence of fraud. What is the effect on the contract under Bulgarian law?

  1. The contract is valid and cannot be challenged
  2. The contract is automatically void
  3. The contract is void only if both parties participated in the fraud
  4. The contract is voidable at the request of the deceived party Correct answer.

Explanation

Fraud is a defect of consent that renders the contract voidable, not void, and only the deceived party may seek annulment. If the fraud remains undiscovered and the contract is performed, the contract continues to produce its effects.

Question 31Civil Law and Civil Procedure

A minor aged fifteen concludes a contract for the purchase of a bicycle with his own pocket money. How is this contract treated under Bulgarian law?

  1. It is absolutely void because all transactions of minors are void
  2. It is valid only if ratified by the district court
  3. It is voidable at the discretion of the seller alone
  4. It is valid because it is a small everyday transaction within the minor's limited capacity Correct answer.

Explanation

Minors between fourteen and eighteen have limited capacity and may conclude small transactions of everyday life that correspond to their age and means, without the consent of their parents or guardian. Larger or unusual transactions require the consent of the parent or guardian.

Question 32Civil Law and Civil Procedure

A seller delivers goods that suffer from a latent defect. Which remedy is available to the buyer under the statutory warranty?

  1. Only a claim for the repair of the goods at the buyer's own expense
  2. Only a claim for criminal liability of the seller
  3. No remedy, because the defect was not apparent at delivery
  4. Rescission of the contract with restitution, or a reduction of the price Correct answer.

Explanation

The statutory warranty for latent defects entitles the buyer to demand rescission of the contract and restitution, or a reduction of the price, and in certain cases replacement or repair. The remedy arises precisely because the defect was not apparent at the time of delivery.

Question 33Civil Law and Civil Procedure

Which of the following is required for acquisitive prescription (pridobivna davnost) of immovable property under Bulgarian law?

  1. Payment of the full market price to the previous owner
  2. A notarial deed signed by the previous owner
  3. Continuous possession for the statutory period, held as owner Correct answer.
  4. Registration of the possessor in the property register from the first day

Explanation

Acquisitive prescription requires continuous, peaceful and undisputed possession held with the intention of owning the property for the statutory period, which is ten years for immovables. A legal title and good faith may shorten the period but are not universally required.

Question 34Civil Law and Civil Procedure

A plaintiff wishes to challenge a first-instance judgment of the district court. Within what period must an appeal be lodged under Bulgarian civil procedure?

  1. Seven days from the service of the judgment
  2. Two weeks from the service of the judgment Correct answer.
  3. One month from the date of the judgment
  4. Three months from the date of the judgment

Explanation

The appeal against a first-instance judgment must be lodged within two weeks of its service on the party, unless the law provides otherwise for specific decisions. Missing the deadline renders the appeal inadmissible.

Question 35Civil Law and Civil Procedure

In civil proceedings, which party bears the burden of proving the facts on which its claim or defence is based?

  1. The bailiff executing the judgment
  2. The defendant in all cases
  3. The party asserting the facts Correct answer.
  4. The court, which must investigate them ex officio

Explanation

Bulgarian civil procedure follows the principle that each party must prove the facts on which it relies, whether as claimant or defendant. The court assesses the evidence but does not generally gather facts for the parties in adversarial civil disputes.

Question 36Civil Law and Civil Procedure

A claim is brought against a defendant whose domicile is in another judicial district. Which court generally has territorial jurisdiction?

  1. The court where the contract was negotiated
  2. The Supreme Court of Cassation
  3. The court of the defendant's domicile Correct answer.
  4. The court of the plaintiff's domicile

Explanation

The general rule of territorial jurisdiction is actor sequitur forum rei, meaning the claim is brought before the court of the defendant's domicile. Statutory exceptions exist for specific claims, but they do not displace the general rule here.

Question 37Civil Law and Civil Procedure

A contract contains a clause exempting the debtor from liability for intentional non-performance. How is such a clause treated under Bulgarian law?

  1. It is fully valid and enforceable
  2. It is valid only if approved by a notary
  3. It is void as contrary to good morals and the nature of the obligation Correct answer.
  4. It is valid only if the debtor is a merchant

Explanation

Bulgarian law does not permit a debtor to exclude liability for intentional misconduct or gross negligence, since such an exemption would undermine the binding force of obligations and good morals. Clauses of this kind are void, and the debtor remains liable.

Question 38Civil Law and Civil Procedure

A creditor assigns a monetary claim to a third party. What is the effect of the assignment on the debtor under Bulgarian law?

  1. The assignment is void unless registered in the property register
  2. The assignment is effective between the parties and must be notified to the debtor to be enforceable against him Correct answer.
  3. The assignment extinguishes the claim
  4. The assignment requires the debtor's prior written consent in all cases

Explanation

Assignment transfers the claim to the assignee without the debtor's consent, but the assignee cannot enforce it against the debtor until the debtor is notified of the transfer. Notification protects the debtor, who may otherwise pay the original creditor and be discharged.

Question 39Civil Law and Civil Procedure

A person is declared missing and later judicially declared dead. What is the principal civil consequence of the declaration of death?

  1. The declaration has effect only for criminal liability
  2. The person's marriage remains fully effective indefinitely
  3. The legal relations of the person are treated as terminated as at the date fixed by the court, opening succession Correct answer.
  4. The person's property passes automatically to the state in all cases

Explanation

A judicial declaration of death produces the same civil consequences as natural death, with effect from the date fixed in the decision, including the opening of succession and dissolution of the marriage. The declaration is a rebuttable presumption, so the person may reappear and seek its revocation.

Question 40Civil Law and Civil Procedure

A testator makes a will in the form of a notarial deed. Which formal requirement must be observed for a notarial will under Bulgarian law?

  1. It must be approved by the heirs
  2. It must be written entirely in the testator's own hand
  3. It must be drawn up and certified by a notary in the presence of witnesses as prescribed by law Correct answer.
  4. It must be registered with the district court before death

Explanation

A notarial will is executed before a notary with the participation of witnesses as required by the Law on Succession, which ensures the testator's identity and free will. A holographic will, by contrast, must be entirely handwritten by the testator.

Question 41Civil Law and Civil Procedure

A contract is concluded subject to a suspensive condition. What is its effect before the condition is fulfilled?

  1. The rights and obligations are not yet enforceable, but the parties are bound to preserve the expectation Correct answer.
  2. The contract transfers ownership immediately regardless of the condition
  3. The contract is fully enforceable immediately
  4. The contract is void from the outset

Explanation

A suspensive condition postpones the effects of the contract until the uncertain event occurs. Until then the parties are bound by a duty of good faith and may not frustrate the condition, but performance cannot be demanded.

Question 42Civil Law and Civil Procedure

A creditor holds a mortgage over the debtor's immovable property. The debtor sells the property to a third party. What is the position of the mortgage creditor?

  1. The mortgage follows the property and may be enforced against the third-party purchaser Correct answer.
  2. The mortgage is converted into a pledge over movables
  3. The mortgage becomes a personal claim against the third party only
  4. The mortgage is extinguished by the sale

Explanation

A mortgage is a real security that attaches to the encumbered property and follows it into the hands of any subsequent acquirer, who takes it subject to the registered encumbrance. The creditor may enforce the mortgage against the third-party purchaser regardless of the transfer.

Question 43Civil Law and Civil Procedure

A claimant seeks to rely on a transaction that is void. What is the procedural consequence in Bulgarian civil proceedings?

  1. The court may establish the nullity ex officio where the public interest so requires, even if not pleaded Correct answer.
  2. The court is strictly bound by the parties' pleadings and may never examine nullity
  3. Nullity must be raised within seven days of the first hearing
  4. Nullity may only be raised in criminal proceedings

Explanation

Although civil procedure is governed by party disposition, the court may take account of absolute nullity on its own initiative where the transaction contravenes mandatory law or public interest. This is an exception to the general principle that the parties define the scope of the dispute.

Question 44Civil Law and Civil Procedure

A party discovers new documentary evidence after the first-instance judgment but before the appeal period expires. What is the proper course?

  1. Introduce the evidence in the appeal proceedings, subject to the statutory conditions for new evidence Correct answer.
  2. Request the bailiff to reopen the case
  3. File a separate new claim before the same court
  4. Apply directly to the Supreme Court of Cassation

Explanation

Evidence not available at first instance may be presented on appeal where the statutory conditions for admitting new evidence are met, such as the party's inability to obtain it earlier. A separate claim or direct cassation application is not the appropriate remedy at this stage.

Question 45Civil Law and Civil Procedure

A debtor performs an obligation to a creditor who is not entitled to receive payment because the claim has been assigned. When is the debtor released from liability?

  1. Only if the original creditor agrees in writing
  2. When the debtor performed in good faith without notice of the assignment Correct answer.
  3. Never, because payment to the wrong person is always ineffective
  4. Only after a court decision confirms the payment

Explanation

A debtor who performs in good faith to the original creditor before being notified of the assignment is discharged, since the assignment is not enforceable against him until notification. After notification, payment to the assignor no longer releases the debtor.

Question 46Civil Law and Civil Procedure

Under the Bulgarian Obligations and Contracts Act, a contract concluded by a person acting in a state of temporary incapacity to understand or control their actions (e.g., severe intoxication) is:

  1. Voidable at the request of the incapacitated party Correct answer.
  2. Valid only if confirmed in writing by a notary
  3. Valid and fully binding on both parties
  4. Void from the outset and cannot be confirmed

Explanation

Bulgarian law distinguishes full incapacity from temporary inability to understand or direct one's actions. Where a person concludes a transaction while temporarily unable to understand or control their conduct, the transaction is not automatically void but may be annulled at the request of that party. Until annulment is pronounced, the contract produces its effects.

Question 47Civil Law and Civil Procedure

A plaintiff files a statement of claim that does not state the circumstances on which the claim is based and does not specify the relief sought. What is the procedural consequence under the Bulgarian Civil Procedure Code?

  1. The court admits the claim and clarifies the defects at the first hearing
  2. The court transfers the case to the prosecutor's office
  3. The court leaves the claim without movement and gives the plaintiff a period to remedy the defects Correct answer.
  4. The court dismisses the claim on the merits immediately

Explanation

The Civil Procedure Code requires a statement of claim to contain the parties, the factual basis of the claim, and the specific relief requested. If these mandatory elements are missing, the court does not reject the claim outright but leaves it without movement and sets a time limit for correction. If the defects are not cured in time, the claim is then returned and the proceedings are terminated.

Question 48Civil Law and Civil Procedure

Which of the following is the correct definition of a legal entity (yuridichesko litse) under Bulgarian civil law?

  1. An organization recognized by law that can acquire rights and bear obligations in its own name Correct answer.
  2. A group of persons who jointly own property without legal personality
  3. A natural person who has reached the age of majority
  4. A state body acting exclusively in the public interest

Explanation

A legal entity is an organization that the law recognizes as capable of holding rights and duties independently of its members. It acts through its organs and bears liability with its own property. Legal personality is distinct from the personality of the natural persons who form or manage it.

Question 49Civil Law and Civil Procedure

A tenant continues to occupy leased premises after the lease term expires and the landlord has not objected. What is the effect under Bulgarian law?

  1. The lease is automatically void and the tenant must vacate immediately without notice
  2. The tenant acquires a right of retention over the premises
  3. The tenant becomes an owner by prescription after one year
  4. The lease is renewed for an indefinite period and may be terminated with statutory notice Correct answer.

Explanation

Where the tenant remains in possession after expiry and the landlord does not object, the lease is treated as renewed for an indefinite period. Either party may then terminate it by giving the notice prescribed by law or the contract. This protects the tenant's reliance while preserving the landlord's ability to end the arrangement.

Question 50Civil Law and Civil Procedure

A creditor wishes to secure a monetary claim against the debtor's movable property without taking possession from the debtor. Which security device under Bulgarian law achieves this?

  1. A guarantee provided by a third party
  2. A mortgage over immovable property
  3. A registered pledge over a movable thing, registered in the Central Register of Special Pledges Correct answer.
  4. A pledge over a movable thing with transfer of possession to the creditor

Explanation

Bulgarian law permits a pledge over movables to be created without transferring possession, provided it is registered in the Central Register of Special Pledges. Registration gives the pledge publicity and priority against third parties. A pledge with transfer of possession is a different, possessory form of security.