Защитата на кредитора срещу вземането на друг конкуриращ кредитор в духа на първите български граждански процесуални закони
CREDITOR PROTECTION AGAINST A RECEIVABLE OF ANOTHER COMPETING CREDITOR IN THE SPIRIT OF THE FIRST BULGARIAN CIVIL PROCEDURE LAWS

Summary/Abstract: The article examines the development of regulatory protection of a creditor against a receivable of another competing creditor in the framework of enforcement proceedings as laid down in the first Bulgarian civil procedure laws adopted after the Liberation – the Law on Legal Civil Procedure of the year 1892 and the Law on Legal Civil Procedure of the year 1930. The repealed provisions are considered in comparison with the current ones, and particularly in comparison with the provision of Art. 464 of the Civil Procedure Code (CPC) (effective since 1 March 2008) regulating the creditor’s claim for challenging a receivable of another competing creditor. The said provision is subject to criticism regarding the terminology, and proposals de lege ferenda are formulated, the current judicial practice being taken into consideration and commented on. The author draws the conclusion that the achievements of legal science reflected in the old procedural laws should not be ignored and the wisdom of the legislator of the past should be one of the sources of proposals regarding legislative changes which, in future, must make creditor protection in enforcement proceedings more effective and, hence, jurisdiction as a whole will be more equitable.

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