Questions of failure within the meaning of Article 31 of the Law on Obligations and Contracts as a basis for avoidance  Cover Image
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Въпроси на неспособността по смисъла на чл. 31 от Закона за задълженията и договорите като основание за унищожаемост
Questions of failure within the meaning of Article 31 of the Law on Obligations and Contracts as a basis for avoidance

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

Summary/Abstract: DISCUSSIONS // The aim of this article is to analyze and summarize the theory and jurisprudence dedicated to the inability to justify the avoidance of civil transactions and to make a proposal to improve its legislation. It is impossible to consider all matters relating to the grounds stipulated in Article 31 of the Law on Obligations and Contracts. So the author is not exhaustive. Consistently in the statement are discussed issues relating to: characteristics of the ground for avoidance; hypotheses of failure under Article 31 of the Law on Obligations and Contracts; differentiation of issue basis for avoidance of any such legal figures, legitimate entities for bringing the avoidance and use of grounds under Article 31 of the Law on Obligations and Contracts to procedural actions. At the end of the article is substantiated proposal for improving the legislation's failure as a reason for avoidance.

  • Issue Year: LII/2011
  • Issue No: 1
  • Page Range: 104-111
  • Page Count: 8
  • Language: Bulgarian