The price of a claim for ownership and other real rights over real estate as a prerequisite for admission of cassation appeal pursuant to Article 280, para 2 of the Code of Civil Procedure

Author

Prof. Ivan Ruschev, PhD

Annotation

The price of claims for ownership and other real rights over real estate within the meaning of Article 69, para 1, item 2 of the Code of Civil Procedure raises a number of practical questions in relation to the legislative restrictions on access to cassation appeal, introduced by Article 280, para 2 of the Code of Civil Procedure. In this article the author addresses the following problematic issues: 1. By which moment in time shall be determined the claim’s price upon submission of cassation appeal and, respectively, are there grounds for application of Article 55, para 1, letter “b” of the repealed Code of Civil Procedure, where the proceedings have been initiated while the repealed Code was still in force, while the cassation appeal has been conducted pursuant to the new Code of Civil Procedure; 2. What is the interrelation between the concept “price of claim” within the meaning of Article 55, para 1, letter “b” of the repealed Code of Civil Procedure, envisaged in Chapter Eight dealing with costs, and the  “price of claim” according to Article 69, para 1, item 2 of the Code of Civil Procedure in force; 3. Is it appropriate to accept the scale under Art. 55, para 1, letter “b” of the repealed Code of Civil Procedure as a criterion for admissibility of the cassation appeal, taking into account the manner of calculating the claim’s price according to the legislation in force – the rule laid down in Art. 70, para 1, sentence two. 

Keywords

Claim price, ownership claims, real rights, real estate, cassation appeal, admissibility, cassation complaint, Code of Civil Procedure, case law

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