Recognition and execution of court decisions in case of inheritance from abroad
Recognition and execution of court decisions in case of inheritance from abroad
Recognition
Decisions rendered in a Member State are recognized in other Member States without requiring any special procedure.
In the event of a dispute, the interested party, which states as the main element of the claim the recognition of a given decision, may request declarative actions according to the procedure provided for in Regulation (EU) No. 650/2012, with which the decision will be recognized. In this scenario, the interested party can request the recognition of a foreign judgment by the district court at the permanent address of the opposing party, at its registered office or at the place of performance. The court also rules on the requested temporary and precautionary measures.
Admitting the performance
The application for the admission of the execution of a court decision or of another act issued in another member state of the European Union is submitted to the district court at the permanent address of the debtor, at his registered office or at the place of execution. A copy of the request for service on the debtor is not submitted.
The court considers the application in closed session.
In the order granting the request, the court shall determine the applicable period for appeal. No prior execution of the order granting the request is allowed.
The court issues a ruling on the requested interim and protective measures. The admission order shall be deemed to be a judgment rendered in an action. The order is subject to an appeal before the Sofia Court of Appeal. The decision of the Sofia Court of Appeal is subject to a cassation appeal before the Supreme Court of Cassation.
Grounds for refusal of recognition
A court decision is not recognized on the basis of:
- if recognition is clearly contrary to public order in the Member State in which recognition is sought;
- when it was decided in the absence of the party, if the act of initiation of the proceedings or an equivalent document was not served or communicated to the defendant in a timely manner and in a way that would allow him to defend himself, unless the defendant exercised his right to challenge the decision , although he had the opportunity to do so;
- if it is incompatible with a decision rendered in proceedings between the same parties in the Member State in which recognition is sought;
- if it is incompatible with a judgment rendered earlier in another Member State or in a third country in proceedings on the same subject and between the same parties, provided that the earlier judgment meets the conditions necessary for its recognition in the Member State, in which recognition is sought.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg