Двойна забава в облигационното правоотношение
Double default in contractual relationships

Summary/Abstract: Double default in contractual relationships exists under Bulgarian law, although there is no explicit provision in the Obligations and Contracts Act. This study focuses on a brief examination of the two types of default — by the creditor and the debtor — the consequences for the parties to the legal relationship, and the legal possibility of exiting default for the purpose of performance, and thereby terminating the relationship. In this regard, various scenarios are examined involving the simultaneous occurrence of delays in the termination of contracts, the exercise of a right of retention, and a defense of non-performance, as well as in certain types of contractual and commercial agreements; case law is analyzed in specific cases, and the author’s well-reasoned opinion is presented in the analysis of judicial practice.

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