ON SOME HYPOTHESES OF FILLING A CLAIM AGAINST A DECEASED DEFENDANT

Svetoslav Pandilov ()
Additional contact information
Svetoslav Pandilov: University of national and world economy

THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, 2020, issue 1, 171-178

Abstract: Considering the substantive and procedural consequences related to the filing of a claim, its admissibility is of significant importance to the defense of the claimant's interests. Case law of the last few years raised the question of what are the consequences for the claim procedure when the defendant has died by the date of filing of the claim - irregularity of the claim motion filed or inadmissibility of the claim on the grounds of lack of procedural prerequisite. The exist-ence of controversial case law has been overcome by Interpretative Decision â„–1/2017 from 09.07.2019 on Interpretative Case â„– 1/2017 of the General Assembly of the Civil and Com-mercial Divisions of the Supreme Court of Cassation, which states that when the defendant who is indicated in the claim motion has died before the filing of the claim motion the claim proce-dure is inadmissible and should be terminated. The above mentioned interpretative decision is analyzed in this report, as well as some hypotheses when the solution provided by the interpreta-tive decision could cause significant issues to the claimant. The report also aims to provide a solution to these practical issues.

Keywords: deceased defendant; admissibility of the claim; procedural prerequisites; res-toration of term. (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2020
References: Add references at CitEc
Citations:

Downloads: (external link)
http://conference.ue-varna.bg/pravni-nauki/ConfProceedings/LBCS2020/171-178.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vra:lbcs20:y:2020:i:1:p:171-178

DOI: 10.36997/LBCS2020.171

Access Statistics for this article

More articles in THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY from University publishing house "Science and Economics", University of Economics - Varna Contact information at EDIRC.
Bibliographic data for series maintained by Pavel Petrov ().