ПРЕКРАТЯВАНЕ НА ИЗПЪЛНИТЕЛНОТО ПРОИЗВОДСТВО НА ОСНОВАНИЕ ЧЛ. 433, АЛ. 1, Т. 1 ГПК
TERMINATION OF THE EXECUTION PROCEDURE ON THE BASE OF ART. 433, PARA 1 OF CIVIL PROCEDURE CODE

Summary/Abstract: The publication analyzes the grounds for termination of the enforcement proceedings under Art. 433, para. 1, item 1 of the Civil Procedure Code (CPC). Within the framework of the article, the general prerequisites for the application of Art. 433, para. 1, item 1 CPC and the separate hypotheses set out in the law are analyzed – payment or deposit of the amount due under a writ of execution before the initiation of the enforcement proceedings and submission of any of the documents specified in the law, from which it can be established that the debtor has paid or deposited the amount on the writ of execution – receipt from the creditor, receipt from the post office, letter from the bank. The ground under Art. 433, para. 1, item 1 CPC is defined as a ground that is related to thwarting the creditor‘s ability to obtain forced satisfaction of his right. It was concluded that the hypothesis of the examined legal norm does not overlap in any case with the hypothesis of the creditor‘s delay under the Law on Obligations and Contracts and that the basis under Art. 433, para. 1, item 1 CPC isn‘t always related to repayment of the enforceable right, but to such behavior of the debtor, which creates an objective possibility for the future satisfaction of the creditor. A recommendation was formulated for an explicit settlement of the bailiff‘s obligation to allow the creditor to check whether the document submitted by the debtor corresponds to the actual legal situation.

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