Law of Obligations (Bulgaria)

The term law of obligations denotes a branch of civil law that regulates the obligations, their legal facts, content, fulfillment, non-fulfillment, repayment and transfer. The law of obligations is a law of civil exchange because the social relationships that regulate the obligations are above all relationships in the area of exchange.

In Bulgaria , the obligations are regulated in detail in the Law on Obligations and Contracts (GSV) ( Bulgarian Закон за задълженията и договорите ). According to Art. 20a GSV, the contracts have the effect of a law for those who have concluded them.

I. General part

contract

In Bulgaria the contract is one of the prerequisites for the creation of contractual obligations. The term contract is understood to be a bilateral legal transaction consisting of two declarations of intent (offer and acceptance), the content of which is the same and which are made with reference to each other. The contract is considered concluded as soon as the confirmation has been received from the provider (Art. 14 GSV). The parties conclude the contract because they aim to have certain legal consequences. According to Art. 9 GSV, the parties are free to define the content of the contract, provided that it is not in violation of the law or morality.

The principle of separation and abstraction does not apply in Bulgaria. In the case of contracts for the transfer of title to items of a generic type, ownership is transferred if the items are determined by agreement between the parties and, in the absence of such agreements, on delivery. The transfer or justification with the conclusion of the contract comes into force in the case of contracts for the transfer of real estate and the justification or transfer of another real right to a specific (individually characterized) object without having to hand over the object (according to Art. 24 GSV).

Form of contract

The GSV stipulates that the contract with which property is transferred or another property right is established on real estate must be concluded in the form of a notarial act.

Ineffectiveness

If a contract violates mandatory statutory provisions or has a legal defect, this contract is deemed to be ineffective. In Bulgaria there are two sub-forms of ineffectiveness of contracts: nullity and challenge.

Contestable Contracts

These contracts initially have a legal effect, but due to their deficiency, the legal consequences of this effect can be deleted from the start by exercising the right of avoidance. The Law on Obligations and Contracts (GSV) contains general legal provisions on grounds for avoidance, but many specific legal provisions are e.g. B. in the family code, in the law on the protection of competition, in the inheritance law or similar. intended.

In general, repeal can only be requested by the party in whose interest the law allows it.

The contract to be canceled can be confirmed by the party entitled to cancel by means of a written document in which the reasons for the cancellation are to be indicated. The contract is also confirmed if the party entitled to cancel it voluntarily and in full or in part, despite knowledge of the reason for the cancellation. A contract that is subject to cancellation due to imperative necessity cannot be confirmed.

According to Art. 27 GSV, contracts are subject to cancellation for the following reasons:

Incapacity for work - if the contracts were concluded by persons incapable of acting or their representatives in the absence of compliance with the statutory provisions.
Errors - material errors in the characteristics of the subject of the contract justify the cancellation of the contract. If the contract is concluded in view of the person, an error in the person justifies the cancellation (Art. 28 GSV).
Fraud - fraud constitutes the termination of the contract if one party was fraudulently deceived by the other to conclude the contract. If the fraud originates from a third party, the defrauded party is entitled to demand that the contract be terminated if the other party had or should have known about the circumstances when it was concluded (Art. 29 GSV).
Threat - if a contracting party has been determined to enter into the contract by the other person or by a third party through an act of well-founded fear, the contract is subject to challenge (Art. 30 GSV).
Impossibility of understanding one's own actions - according to Art. 31 GSV, a person capable of acting cannot understand or manage one's own actions when concluding a contract, so the contract is subject to cancellation.
imperative - a contract is subject to annulment that was made under imperative under obviously unfavorable conditions. Such a contract can be canceled by the court in whole or only in the future. If the other party offers to repair the damage, cancellation is not permitted.

Void contracts

The legislature uses the term nullity to mean that the legal transaction is to be viewed as if it had not been carried out at all. Invalid contracts are those that, due to their deficiencies, do not have any legal effect from the start and for which a correction is usually not possible. Void contracts are contracts that are illegal or deviating from the law, as well as contracts that offend morality, including contracts relating to an estate that has not yet been opened. Contracts with an impossible subject matter, lack of consent, illegal form, justification and sham contracts are also void. The reason is accepted until proven otherwise.

Partial invalidity

The invalidity of individual clauses does not lead to the invalidity of the entire contract if they can be legally replaced by mandatory statutory provisions or if it can be assumed that the legal transaction would also be carried out without the invalid part.

If the contract is declared null and void or is canceled, the parties are obliged to reimburse what has been received from the other party.

reinterpretation

If a void legal transaction corresponds to the requirements of another legal transaction, the latter applies if it is to be assumed that its validity would be intended if knowledge of the nullity were known.

stand-in

Representation is regulated in 36-43 GSV. The term representation refers to a legal institution with which one describes the legal transaction of one person (representative) for another person (represented), whereby the consequences of the legal acts that are carried out by the representative affect the represented.

Two forms of representation are known in Bulgaria: arbitrary representation (representation is wanted by the person represented) and legal representation (representation is ordered by the legislature).

Emergence

from the declaration of will of a private person (e.g. if the power of representation arises from the will of the person represented through his unilateral declaration of will (authorization) or from a contract);
from a decree (court judgment, as a result of the birth of a child, etc.)

Requirements for a successful representation

The representative must make his own declaration of intent. Because the representative declares his own will, he must be able to act.
The declaration of intent must be made in the name of the person represented. So the representative has to manifest that he is acting for another.
The representative must have power of representation for the person represented and act within the scope of this power of representation. If the representative and the person negotiating with him agree on something that harms the person represented, the contract does not have any effect on the person represented (Art. 40 GSV). If several persons have been authorized with a certain right to act, each of them can carry out the act himself, unless otherwise stated in the authorization (Art. 39 para. 2 GSV).
In this case, such representation must be permissible at all (highly personal legal transactions cannot be concluded by a representative - e.g. marriage, will).

Expiry of the power of representation

The power of representation is revoked in the following cases:

upon death of the representative / the person represented;
upon dissolution of the legal person;
the incapacitation of the representative / the person represented;
in the case of unknown absence;
when the power of representation is withdrawn;
in the case of exemption from the power of representation for legal persons;
in the event of adoption;
in the case of guardianship to the limitedly incapacitated - if the guardianship is lifted etc.

Default

Default of the debtor

If a deadline has been set for the fulfillment of an obligation, the debtor is in default with the expiry of the deadline. If no day has been determined for the performance, the debtor is in default after a corresponding appeal by the obligee. If the obligation arose due to a tortious act, the debtor is in default for the damage to be compensated without notice.

If the debtor is in default, he has to pay damages, even if the performance becomes impossible for a reason for which he is not responsible, unless he can prove that the obligee would have suffered the damage even if the performance had been performed on time. According to Art. 82 GSV, the compensation for default includes the damage suffered and the lost profit, provided that this is a direct and immediate result of the default and is to be expected when the liability is established. However, if the debtor has not acted in good faith, he is liable for all direct and immediate damage.

Default of the obligee

The obligee is in default if he does not accept the performance offered by the debtor or if he does not provide the debtor with the necessary cooperation to fulfill the obligation (Art. 95 GSV). The consequences of this delay are foreseen in the GSV.

Assignment of claims

Assignment

A obligee's claim may be transferred unless the law, contract, or the nature of the claim provide otherwise. This right is derived from Art. 99 GSV.

The assigned claim is transferred to the new obligee with the privileges, remuneration and other additions, including accrued interest, unless otherwise agreed. The old obligee is obliged to inform the debtor of the assignment and to hand over to the new obligee all the documents he has with him, with which the claim is recorded, as well as to confirm the transfer in writing.

The assignee is liable for the existence of the claim up to the time of assignment. In contrast, he is only liable for the debtor's solvency if he has undertaken to do so, and only up to the amount he has received for the assigned claim.

Assumption of debt

A third person can also join a liability as co-debtor with the consent of the obligee or the debtor (Art. 101 GSV). If the obligee has consented to the assumption of debt, this cannot be canceled or changed without his consent. The main debtor and the acceding person are jointly and severally liable to the obligee. Third parties can only substitute the debtor with the express consent of the obligee. The substituted debtor is relieved of his liability to the obligee. The securities provided by third parties expire if they do not agree to serve the new creditor. The pledge and mortgage paid by the first debtor remain in effect. The old debtor's objections arising from the assigned legal relationship can be reported to the obligee by the new debtor.

Illegal acts

The definition of the illegal act can be derived from Art. 45 GSV - if someone has culpably caused damage to another person, he is obliged to compensate for the resulting damage. In all cases of unauthorized infliction of damage, the guilt is presumed until proven otherwise. This regulation applies to natural persons. The legal persons are liable as clients according to Art. 49 GSV. The subject of the illegal act must be capable of tort. However, a person who cannot understand or guide their actions is not liable for the damage they have caused in this state, unless the inability is personally responsible (Art. 47 GSV). The ability to commit a crime is assessed in each specific case - in the case of adult offenders as well as minors. However, liability for self-defense is excluded because it is assumed that the perpetrator's actions are not in themselves illegal. The damage caused is to be eliminated if absolutely necessary - although the behavior is not at fault, the result is illegal.

The GSV provides for various cases of liability for unauthorized acts:

Responsibility of the persons subject to supervision (Art. 47, Paragraph 2 GSV)

The person subject to supervision (e.g. teacher, etc.) is liable for damage caused by a person incapable of acting, unless they were unable to prevent entry.

Parents' responsibility (Art. 48 GSV)

Parents and adoptive parents who exercise parental rights are liable for damage caused by their minors and children living with them. The guardian is liable for damage caused by the ward living with him.

No liability is assumed if these persons were unable to prevent the damage from occurring.

Responsibility of the client (Art. 49 GSV)

The client is liable for damage caused by his or her due to the execution of the imposed work on the part of the agent. However, this legal provision does not apply to the contract for work - in this case the contractor bears personal responsibility.

The client has the right to claim against the injuring party.

Responsibility for damage caused by property (Art. 50 GSV)

The owner and the person under whose supervision they are jointly and severally liable for damage caused by objects of any kind. If the damage was caused by animals, these persons are liable even if the animal has run away or got lost. It is not necessary that the item is inherently dangerous or that it has any special properties. The owner and the supervising person are liable regardless of fault, their behavior is not in itself illegal and culpable. You will only not be held responsible if you can prove that the damage was caused by force majeure, by the actions of third parties or by the behavior of the injured party themselves.

Unjustified enrichment

The person is obliged to surrender it if he has received something without legal reason and the reason did not arise or later ceased to exist (Art. 55 GSV). What has been done for the purpose of fulfilling a moral duty cannot be reclaimed.

Release

If a certain item is to be surrendered, the recipient owes its fruits at the time of the request. If the object to be refunded goes down after the time of the call or if the recipient has alienated or used it after he has taken note of having to keep it for no legal reason, it is for value replacement or for replacement of the proceeds obtained for it, if it is higher Committed. If the object goes down or is alienated or consumed by the recipient before the time of the call, he only has to reimburse what he has made use of, excluding the fruit. An incapacitated person owes the surrender if this extends to the drawn uses (Art. 58 GSV). Apart from the above-mentioned cases, anyone who has received something from someone without a legal basis must surrender the enrichment to the extent of impoverishment. This right is established if there is no other action with which the impoverished person can protect himself (according to Art. 59 GSV).

Redemption of a third-party liability according to Art. 56 GSV

If someone erroneously redeems a third-party liability, he is entitled to reclaim it from the obligee, unless the latter has waived the document or the redemption of the claim in good faith. In the latter case, the person who redeems the liability assumes the rights of the obligee.

On Bill

If two people owe each other money or similar and replaceable items, their own claim can be settled with the other person's claim when the due date and solvency. Offsetting is done by notifying the other party. There can be no deadline or condition, other than the condition that claims made in court are taken into account. The two mutual claims are deemed to have expired up to the amount of the lower of these up to the day on which the set-off could have been carried out. After the claim has expired, offsetting is also possible if this would have been permissible before the expiry of the limitation period. If the debtor has agreed to the assignment of the claim, he is not entitled to offset his liability against his claim from the old creditor. According to Art. 105 GSV, claims that are not subject to foreclosure, claims that have arisen through intentional illegal acts, and tax claims cannot be offset without the consent of the obligee.

Resumption (Art. 107 GSV)

If the claim is exchanged with another with the consent of the obligee, it will be resumed. The collateral of the old liability remains in place for the new one if the person making the payment has agreed.

Release of the claim

According to Art. 108 GSW - if the obligee renounces his claim by contract with the debtor, the claim is waived.

Statute of limitations

The term statute of limitations denotes the expiry of the specific time after which the legal entity loses the right to enforce an existing claim in court.

Limitation periods

The limitation period begins from the point in time when the claim has become due. If it has been agreed that the claim is due upon request, the limitation period runs from the time the liability is established. For claims from tortious claims for damages, the limitation period begins after the perpetrator becomes aware. In the case of claims for damages due to delay, the limitation period begins on the last day on which the contractual penalty is calculated. With the main claim, the claim to the ancillary services dependent on it expires, even if the special period of limitation applicable to this claim has not yet occurred.

The GSV contains the general regulations on the statute of limitations, but special regulations that provide for shorter limitation periods and other regulations that deviate from the general rules also apply.

five-year limitation period - According to Art. 110 GSV, all claims expire after five years for which the legislature does not provide any other period.
three-year limitation period - after three years the following claims become statute-barred:

Claims from employment relationships, provided no other limitation period is specified;
Claims for damages and contractual penalties for non-performance of a contract;
Receivables from rent, interest and other regular payments;

one year limitation period - e.g. B. the limitation period for the sale of properties with defects in accordance with Art. 197 GSV.
Six-month limitation period - A six-month limitation period is provided for claims due to defects in the sale of movable property (Art. 197 GSV), as well as in other cases provided for in the Commercial Act.

Agreements on the shortening or extension of fixed limitation periods are ineffective as well as dissolution of the limitation before it expires (Art. 113 GSV).

Suspension of the statute of limitations

The time from the beginning of the limitation period to the end of the reason for the inhibition is not included in the inhibition, so the remaining limitation period continues thereafter. The statute of limitations for claims is suspended in the following cases:

Between children and parents, while the latter exercise their parental rights;
between guardian and ward or child and guardian for the duration of the guardianship relationship or guardianship;
between spouses;
in the case of claims by persons whose assets are managed by law or by court order against the administrator for the duration of the management;
for claims for damages by legal persons against their managing director during the term of their appointment;
for claims from minors or persons declared to be minors for the period in which they do not have a legal representative or guardian and six months after the point in time at which a guardian was appointed or the legal incapacity was remedied;
for the duration of the court hearing in relation to the claim.

Interruption of the statute of limitations

A new limitation period begins with the interruption of the limitation period. The statute of limitations is interrupted when the debtor's claim is recognized; if a lawsuit or objection or request for arbitration is brought and granted; when an enforcement act is undertaken.

What has been done to satisfy a statute of limitations cannot be reclaimed, even if it was done in ignorance of the statute of limitations.

Joint and several obligations

The joint debt is a debt that several debtors jointly cancel. The obligee can demand performance from each debtor in full, but only once in total. The persons who owe the service are called joint and several debtors. The joint debt is regulated in Articles 121–127 of the Law on Obligations and Contracts. The joint debt arises

by law or
through a contract (e.g. in the case of a guarantee, the surety and the principal debtor are jointly and severally liable).

Effect of joint and several debt

The absolute effect of joint and several debt means that a legal fact has the same effect on all joint and several debtors (e.g. the obligee can demand performance in full from each individual joint and several debtor). The fulfillment of the performance by a joint and several debtor also affects the others and the obligee cannot refuse the fulfillment without being in default, in that the arrears of the obligee to a joint and several debtors are effective for all debtors.

The independence of the obligations, which makes up the joint debt, is the reason why a legal fact which affects some of the obligations has no effect on the others ("relative effect of the joint debt"). The debts of the various debtors can be paid at different times. In this sense, the default of a joint and several debtor does not have an unfavorable effect on the assets of the other. Another rule that can describe the relative effect is that if performance is impossible and only one debtor is responsible, the obligee is entitled to claim damages only from him. The statute of limitations also has such an effect.

If one of the joint and several debtors pays the obligee, then the latter acquires a compensation claim against the other joint and several debtors. If there is no express agreement among the joint and several debtors, each debtor is only obliged to an equal share.

guarantee

Through the guarantee contract, the surety undertakes to the creditor of a third party to guarantee the fulfillment of the third party's obligations. A written declaration of intent is required for the contract to be valid. The guarantee can only exist for effective liabilities. The guarantee can only be given for part of the liabilities, or under better conditions. The surety and the principal debtor are joint and several debtors (Art. 141 GSV). The surety remains committed to the main liability even after the statute of limitations if the obligee has sued the debtor within six months.

Lien

In Bulgaria it is possible, in order to secure a claim, that a lien on movable property or on claims is established. The lien goes with the secured liability when it is transferred and expires with it, so it is accessory.

Lien on movable property

For the contract to be effective, it is necessary that the pledged item is handed over to the obligee. The only obligation of the obligee is to keep the thing in custody until the claim, which is secured, has been paid in full. The obligee cannot use the pledged thing.

Lien on claims

Only transferable claims can be pledged. The pledge agreement for the claim cannot be set against third parties if the pledge has not been notified to the debtor. The pledger is obliged, if available, to hand over the documents with which the pledged claim is proven to the pledgee. The obligee has only one obligation - to perform all necessary actions that serve the preservation, i. i.e. to collect the interest and also the principal amount.

mortgage

According to Art. 149 GSV, a mortgage can be ordered on a property to secure a claim. As in German law, the mortgage is accessory, i. that is, it leaves with the secured liability upon its transfer and expires with it.

Justification of the mortgage

The mortgage is established through entry in the real estate register by contract or law. The mortgage is only to be established on individual properties and for a certain amount of money. Statutory mortgages:

are established in favor of the seller of the property on the property sold in order to secure his contractual claims and
justified in favor of a co-owner who is owed a supplement to the share - on the land belonging to the share of the co-owner to whom the supplement is owed.

In the case of mortgages, the registration has a ranking effect. The establishment of a mortgage is null and void if in the mortgage contract, in the application for the establishment of a statutory mortgage or in the act on the basis of which it is submitted, the creditor, property owner or debtor is unknown, the identity between property and secured claim or the amount for which the mortgage is unclear. A creditor whose claim is secured with a mortgage is entitled to preferential satisfaction from the proceeds of the property encumbered with the mortgage, regardless of whose possession it is. The mortgage covers the claim regardless of changes, but only up to the amount entered.

Cancellation of the mortgage

To cancel the mortgage, the obligee's consent is required, which must be submitted in a notarized form or based on a court ruling that has come into force. The revocation takes place by application to which the declaration of consent or a copy of the judgment that has come into force is attached. It will be noted in the lot of the contaminated property. Cancellation of the mortgage expires.

II. Special part

purchase

Through the purchase contract, the seller undertakes to transfer ownership of an item or a right to the buyer in return for payment, the payment of which the buyer undertakes. The expenses for the contract and other costs incurred in connection with the transfer of ownership are borne by the buyer, with the exception of the sale of land, where the expenses are divided equally. The risk of accidental loss and accidental deterioration is transferred to the buyer from the point in time at which the goods have been determined by mutual agreement or are handed over to the buyer.

Seller's obligations

The seller is obliged to hand over the sold item to the buyer. The thing is handed over in the state at the time of sale along with its fruits.

Selling a third-party item or an item to which third parties have rights

The seller is liable in cases where third parties have property rights or other rights in relation to the thing that can be displayed to the buyer, unless the buyer was aware of them. If the sold item is fully owned by a third party, the buyer is entitled to dissolve the sale in accordance with the provisions of Art. 87 GSV.

Liability of the seller for defects

The seller is liable for defects in the item sold that significantly reduce its value or its suitability for normal or contractually intended use. The seller is also liable if the defect was unknown to him. An agreement that exempts the seller from liability is void.

Buyer's rights with regard to liability for defects

In those cases in which the seller according to Art. 193 GSV is liable, the buyer can return the item and demand reimbursement of the price with the expenses for the sale, keep the item and want to reduce the price or have the defects remedied at the seller's expense. With regard to the non-fulfillment of the obligations, he has a claim for damages according to the general provisions.

Buyer's Obligations

The buyer is obliged to pay the price to get the thing. Payment is to be made when the item is handed over and at the same location. If the sold item results in fruit and other income, the buyer owes interest on the price from the day the item is handed over, although the price is not yet due.

Donation

The gift according to Bulgarian law takes the form of a bilateral contract and requires the immediate and free transfer of an item by the giver in favor of the recipient who accepts it.

Contract types

There are three types of donation agreements:

disinterested donation - normal case
Compulsory donation - takes place on the basis of moral obligations
Decency gift.

The significance of this subdivision becomes apparent in view of the revocation of a gift: gifts that comply with a moral obligation or a respect for decency are not subject to revocation.

Form requirements

According to Art. 226 GSV, the promise of donation is not binding; consequently a preliminary donation agreement will be void. With regard to the formal requirements, a distinction is made between two types of donations: formal and hand donations (cf. Art. 225, Paragraph 2 GSV). A notarial certification is required for the validity of a donation of real estate, but a simplification of the form is provided for the mobiles - written notarization only of the signatures is required; in the case of securities, the corresponding form of transfer must be retained.

Revocation of the donation

Art. 227 of the GSV regulates the revocation of the gift due to the ingratitude of the recipient. The claim can be made within one year after the reasons for canceling the donation become known.

Rent of things and real estate

Through the lease according to the Bulgarian law of obligations, the landlord is obliged to allow the tenant to use the rental property during the rental period. The tenant is obliged to pay the landlord the agreed rent. The leases are regulated according to Art. 228 to Art. 239 GSV.

Rent of things

The lease agreement for property is an informal contract under the law of obligations for a fee. Unless otherwise agreed, the lessor must leave the rental property to the lessee in a condition suitable for use in accordance with the contract and keep it in this condition during the rental period.

Rental period

According to Bulgarian law, the consumer lease contract cannot exceed ten years, except for commercial transactions.

Maintenance and repairs

The lessor is obliged to leave the rental object in a condition suitable for contractual use and to keep it in this condition during the rental period. In addition, he must take care of the repair of all damage, except for those caused by the tenant's fault or caused by normal use.

End of the lease

The first group of reasons consists of reasons from the general part of civil law: agreement of the contracting parties, annulment due to a breach of contract on the part of one of the parties, due to the impossibility of granting use if it is not at fault. Article 236 of the GSV regulates the expiry of the period as a reason for the termination of the contract for fixed-term leases.

A special hypothesis regarding the termination of the contract arises when the rental property is transferred.

loan

In the case of a loan agreement under Bulgarian law, the lender is obliged to provide the borrower with an amount of money or replaceable items in the agreed amount; the borrower, on the other hand, is obliged to return the amount of money or the items in the same type, quantity and quality. The loan contract is a unilateral, free real contract. The borrower is only obliged to pay interest if agreed in writing.

Contract effect

The main obligation of the borrower is to return the thing. Special requirements apply to the bank loan.

Borrow

The lending contract obliges the lender of an item to allow the borrower to use this item free of charge for a certain period of time, whereby the borrower is obliged to return it. In this contract, the personality of the lender is important.

Contract effect

The borrower is obliged to take care of the item properly by preferring to receive the loan over his own items. Another obligation on his part is to only use the thing in accordance with the contract.

Contract termination

The loan can be for a certain period of time and it is canceled when the contractual period expires. The same applies if the contract has been concluded for a specific purpose / use. If the duration of the loan is neither determined nor derived from the purpose, the lender can claim the item back at any time.

Work contract

The contract for work obliges the entrepreneur to produce the promised work at his own risk, and the customer to pay the agreed remuneration. The contract for work and services is a bilateral contract in which rights and obligations arise for the two contracting parties. In principle, this is a legal relationship against payment.

Rights and duties of the entrepreneur

Unless otherwise agreed, the entrepreneur is obliged to produce what has been ordered at his own expense.

The entrepreneur has to perform the work in such a way that it is suitable for his normal or contractually intended use.

The entrepreneur who completes the work with his own material is responsible for the quality. The customer has the right to check the execution of the contract at any time, provided that it does not prevent the work of the entrepreneur.

Rights and obligations of the customer

The main obligations of the customer are to pay the remuneration and to accept the work suitable for the contractually intended use.

Default

If it becomes known that the entrepreneur cannot perform the work on time or in the agreed or proper manner, the customer is entitled to withdraw from the contract and to receive compensation in accordance with the general provisions.

In the event of deviations from the order or defects in the work, the customer is entitled:

to request supplementary performance within a reasonable period and free of charge;
To request reimbursement of the costs incurred for the improvement or a corresponding reduction in remuneration.

If there are significant deviations from the order or defects, the customer is entitled to terminate the contract.

assignment

With the order, the agent undertakes to provide a service at the expense and information provided by the client (Art. 280 GSV). This is a unilateral and usually free of charge contract. However, it can be agreed, similar to the deposit, that it is paid (cf. Art. 286 GSV).

Rights and obligations of the parties

According to Art. 281 GSV, the agent is obliged to properly fulfill the order and to look after the assets received in this connection. According to Art. 283 GSV, the agent has to carry out the order personally.

Among the other obligations of the agent are the invoicing and the handing over of everything that he receives for the execution of the order (Art. 284 GSV).

No specific form is required, but if the order concerns the acquisition of property rights to real estate, the contract must be concluded in writing and the signatures must be certified by a notary (Art. 292, Paragraph 3 GSV).

Termination of the job

The order expires with the death or incapacity of one of the parties as well as with the dissolution of the legal entity of the client or agent. Among the other reasons for termination of the contract are the withdrawal of the order by the client, the refusal of the agent and the general reasons provided for in the law.

literature

Angel Kalaidjiev: Law of Obligations General Part (6th edition. Sibi, Sofia 2013) ISBN 978-954-730-842-8
Alexander Kozhuharov: Law of Obligations - General Part (Jurispres, St. Kliment Ohridski, Sofia 2002)
Alexander Kozhuharov: Law of Obligations - Special Part (Jurispres, St. Kliment Ohridski, Sofia 2002) ISBN 954-632-058-7
Metodi Markov: Obligacionno pravo (law of obligations) 9th edition. Sibi, Sofia 2014, ISBN 978-954-730-903-6 .

Web links

Individual evidence

↑ Закон за задълженията и договорите (Bulgarian)

[1] Закон за задълженията и договорите (Bulgarian)