Home Archive 2024 ISSUE № 6/2024 ON SOME QUESTIONS OF PAUL`S CLAIM. FOR THE MOMENT FROM WHICH THE PERIOD FOR REPAYMENT OF THE CREDITOR`S RIGHT TO SUBMIT IT RUNS

ON SOME QUESTIONS OF PAUL`S CLAIM. FOR THE MOMENT FROM WHICH THE PERIOD FOR REPAYMENT OF THE CREDITOR`S RIGHT TO SUBMIT IT RUNS

Български English

Author

Iliana Staneva

 

Annotation

The purpose of this article is to analyze the question of the starting point from which the term for repayment of the creditor's right to file a claim under Art. 135 of the ZPA runs. Examining the permissions given by the judicial practice, as well as the grounds for these permissions found in the modern Bulgarian and European legislation, in the historical development of the relevant legal institutes and in general in the common sense and the function of the legislation and the law, I offer a different answer than the one that the Bulgarian judicial practice gives more than a decade. My personal understanding is that legal norms are not and should not be reduced to abstract theoretical constructions, substantiated by other theoretical constructions, but quite naturally, they exist to serve the socio-economic reality of legal and economic subjects and the interpretation of legal rules must be justified primarily by their applicability and usefulness in public life and civil turnover.

 

Keywords

Keywords: right of conversion, possessory right, repayment, limitation period, preclusion period, legal interest, legal dispute, annulment claim

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