ПРОБЛЕМ НА СИГУРНОСТТА В ГРАЖДАНСКИЯ ОБОРОТ. ПРИДОБИВАНЕ НА ПРАВА ВЪРХУ НЕДВИЖИМ ИМОТ ПО ВРЕМЕ НА ВИСЯЩ ПРОЦЕС И ЕФЕКТЪТ НА ВПИСВАНЕТО
TRANSFERRATION THE DISPUTED RIGHT DURING THE TRIAL AND THE REGISTRATION OF THE APPLICATION IN THE HYPOTHESIS OF THE ARTICLE 226 OF THE CODE OF CIVIL PROCEDURE
Author(s): Asya ToromanovaSubject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Бургаски свободен университет
Keywords: claim; predecessor in law; legal successor; during the trial; virtue of the court order/decision; inclusion/entry; revendication claim; claim to preclude voidness
Summary/Abstract: The article deals with the problems arising when the disputed right is transferred during the case. In such instances, according to article 266 of the Code of civil procedure, the court decision is valid for the acquirer of the right as well. All actions related to the registration of immovable property are treated as exceptions. These exceptions are traced as a trend in the legislation and in the case law. Cases from practice are considered where the applicant shall enter his application in order to ensure that its final decision is applicable to the acquirer of the right during the law case.
Journal: Юридически сборник
- Issue Year: XXIX/2022
- Issue No: 1
- Page Range: 107-116
- Page Count: 10
- Language: Bulgarian