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Author
Annotation
This article examines the personal scope of the witness-testimony restriction under Art. 164(1)(3), second clause of the Bulgarian Civil Procedure Code (CPC) — that is, which persons are bound by the bar on proving contracts exceeding BGN 5,000 through witness testimony. The author concludes that the restriction applies only between the parties to the contract and their universal or singular successors, not to third parties, and that the disclosure procedure under Art. 190 and Art. 192 CPC is available only under specific conditions. The article also addresses the disputed question of whether successors should be treated as third parties, with the author arguing they remain bound by their predecessor's substantive legal position. The prohibition does not apply to contracts between spouses, relatives in the direct line, collateral relatives up to the fourth degree, or in-laws up to the second degree, but does not extend by analogy to unmarried cohabiting partners, since the provision is an exception requiring strict rather than expansive interpretation. The article concludes that the bar is not absolute and can be waived by the parties' explicit consent under Art. 164(2) CPC.
Keywords
witness testimony; personal scope; third parties; successors; cohabitation; strict interpretation
