Publications

Nikolaev and Partners provides free access to some of the publications of its teams members in specialized legal magazines, scientific collections and from participation at conferences on various topics. The articles describe the magazines where they were first published, for information and reference, if needed.

The new provision of Art. 433, para. 4 of the Civil Procedure Code and the current case law after the enactment of the Interpretative Decision of 10.07.2018 under Interpret. d. № 1/2015, OSGTK of the Supreme Court of Cassation, which in fact prohibited the deletion of the imposed injunctions in enforcement proceedings.

The practice of the national courts with regard to the provision of Art. 444, item 7 of the Civil Procedure Code, as well as the very concept of “housing” within the meaning of the cited provision, the current legislation and the practice of the European Court of Human Rights.

The competition between the entered into force bailiff’s allocation without its actual execution with the universal compulsory execution in view of the provision of art. 638, para. 2 of the CA and the scope of the bankruptcy estate.

The new provision of Art. 433, para. 4 of the Civil Procedure Code and the current case law after the enactment of the Interpretative Decision of 10.07.2018 under Interpret. d. № 1/2015, OSGTK of the Supreme Court of Cassation, which in fact prohibited the deletion of the imposed injunctions in enforcement proceedings.

The practice of the national courts with regard to the provision of Art. 444, item 7 of the Civil Procedure Code, as well as the very concept of “housing” within the meaning of the cited provision, the current legislation and the practice of the European Court of Human Rights.

The competition between the entered into force bailiff’s allocation without its actual execution with the universal compulsory execution in view of the provision of art. 638, para. 2 of the CA and the scope of the bankruptcy estate.

The article examines the cases in which the contractually agreed interest rate goes beyond the bounds of good manners and contradicts the mandatory norms of the law, leading to its nullity.

The grounds for issuing an enforcement order under Art. 410, para. 1, item 1 of the Civil Procedure Code for removal of an owner, user or occupant of a building in condominium regime under the preconditions provided in ZUES and ZS.

The possibilities for carrying out finishing works independently by buyers of non-real estate "on the green" under preliminary contracts, when the construction is stopped regardless of the reasons, as well as the risks, the necessary actions and financing of the construction are studied.

Разгледани са възможносите съпругът и съпругата да включват уговорки в един брачен договор, които засягат трети лица, включително уговорки в полза на други близки на страните по договора, техни кредитори или други уговорки в полза на децата.

A comprehensive analysis of the current Bulgarian legislation concerning cryptocurrencies, transactions with them, licensing requirements for operations with cryptocurrencies and other additional issues has been made, including the European regulations in the field.

The article examines the cases in which the contractually agreed interest rate goes beyond the bounds of good manners and contradicts the mandatory norms of the law, leading to its nullity.

The grounds for issuing an enforcement order under Art. 410, para. 1, item 1 of the Civil Procedure Code for removal of an owner, user or occupant of a building in condominium regime under the preconditions provided in ZUES and ZS.

The possibilities for carrying out finishing works independently by buyers of non-real estate "on the green" under preliminary contracts, when the construction is stopped regardless of the reasons, as well as the risks, the necessary actions and financing of the construction are studied.

The options for termination of the enforcement proceedings against the main debtor and the possibility for termination against the state as an associated creditor for public and private receivables have been established.

Разгледани са възможносите съпругът и съпругата да включват уговорки в един брачен договор, които засягат трети лица, включително уговорки в полза на други близки на страните по договора, техни кредитори или други уговорки в полза на децата.

A comprehensive analysis of the current Bulgarian legislation concerning cryptocurrencies, transactions with them, licensing requirements for operations with cryptocurrencies and other additional issues has been made, including the European regulations in the field.

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