The writ of execution issued in the procedure of recognition and enforcement of foreign judgments in private law disputes Cover Image
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Издаване на изпълнителен лист в производството по признаване и допускане на изпълнението на решения на чуждестранни съдилища по граждански спорове
The writ of execution issued in the procedure of recognition and enforcement of foreign judgments in private law disputes

Author(s): Petar Bonchovski
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The purpose of the article is to deliver a critical analyses of the legal rules of the new national Civil Procedure Code concerned with the issuance of the writ of execution based on recognized foreign judgment. The Code requires that the court of first instance issues the writ together with the decision and passes it to the claimant when the decision becomes final. The writ of execution might be appealed in the same proceedings as the decision of the recognition. The aim of the regulation is considered rational and with a number of practical advantages, since the role of this writ is to transfer a clear and unambiguous formula of coercive execution to the execution officer, which formula is to be derived by the judge from the formula of the resolution of the dispute as provided in the foreign judgment.

  • Issue Year: LIV/2013
  • Issue No: 2
  • Page Range: 58-68
  • Page Count: 11
  • Language: Bulgarian