IUS ET LEX: CASE SELECTION IN CASSATION PROCEEDINGS UNDER THE BULGARIAN CIVIL PROCEDURE CODE
IUS ET LEX: CASE SELECTION IN CASSATION PROCEEDINGS UNDER THE BULGARIAN CIVIL PROCEDURE CODE

Summary/Abstract: Pursuant to Article 280, paragraph 1, item 3 of the Bulgarian Civil Procedure Code, a cassation appeal may be admitted by the Supreme Court of Cassation when the appellate court has resolved a legal question of significance for the precise application of the law (lex) and the development of law (ius). The Bulgarian provision, influenced by foreign legislation, exemplifies a broader tendency to restrict access to supreme courts as a means of safeguarding their role in ensuring both the precise and uniform application of legal rules and the development of law. This paper offers a brief inquiry into the relationship between these two criteria, which jointly form a single ground for granting leave to cassation under the Bulgarian Civil Procedure Code.

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