Succession

Bulgaria

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Bulgaria

Article 78 (a) - the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 45(1) and with appeals against decisions on such applications in accordance with Article 50(2)

The application for enforcement of a judicial decision or other act issued in another Member State of the European Union is lodged with the provincial court having jurisdiction over the permanent address or registered office of the debtor, or over the place of enforcement (Article 627(e)(1) of the Code of Civil Procedure).

The court with local jurisdiction can be found using the search engine available.

Article 78 (b) - the procedures to contest the decision given on appeal referred to in Article 51

The decision of the court of first instance is subject to appellate review by the Sofia Court of Appeal (Article 627e(6), first sentence, of the Code of Civil Procedure).

The decision of the Sofia Court of Appeal is subject to further appeal before the Supreme Court of Cassation (Article 627e(6), second sentence, of the Code of Civil Procedure).

National civil legislation concerning such appellate reviews and further appeals is covered in Chapters 20 and 22 of the Code of Civil Procedure.

Article 78 (c) - the relevant information regarding the authorities competent to issue the Certificate pursuant to Article 64

Please note that the original language version of this page Czech has been amended recently. The language version you are now viewing is currently being prepared by our translators.
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Where the Bulgarian court has international jurisdiction under Articles 4, 7, 10 and 11 of Regulation (EU) No 650/2012, the application for the issuance of a European Certificate of Succession must be submitted to the district court having jurisdiction over the last permanent address of the deceased or, in the absence thereof, over his or her last address in Bulgaria. In the absence of an address in Bulgaria, the application must be submitted to Sofia District Court (Article 627f(1) of the Code of Civil Procedure).

The district court having local jurisdiction can be found using the search engine on the website.

No other authority is competent to issue a European Certificate of Succession.

Article 78 (d) - the redress procedures referred to in Article 72

Appeals against a European Certificate of Succession or against a refusal to issue one may be lodged before the corresponding provincial court within one month from the date of service. Where an issued European Certificate of Succession is inaccurate or a refusal to issue a Certificate is unfounded, the court annuls the decision wholly or in part and returns the case to the court of first instance together with binding instructions. (Article 627f(3) of the Code of Civil Procedure).

Decisions in response to a request for correction or amendment to or withdrawal of a European Certificate of Succession are subject to appeal before the corresponding provincial court within a period of two weeks from the date of service. Where an issued European Certificate of Succession is inaccurate or a refusal to correct, amend or withdraw a Certificate is unfounded, the court annuls the decision wholly or in part and returns the case to the court of first instance together with binding instructions (Article 627g(1) of the Code of Civil Procedure).

The suspension of the validity of a European Certificate of Succession issued by the district court is subject to appeal before the provincial court within one week (Article 627h of the Code of Civil Procedure).

Matters not governed by Regulation (EU) No 650/2012 or by the rules specifically created under the Code of Civil Procedure in relation to the procedure for issuing a European Certificate of Succession are covered by the general rules applicable to non-contentious proceedings (Chapter Forty-Nine of the Code of Civil Procedure).

Article 79 - Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

In Bulgaria, only the courts themselves meet the definition of the term ‘court’ set out in Article 3(2).

Last update: 26/09/2022

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