Declaratory actions for non-existence of obligations and for ascertaining that an obligation is time-barred Cover Image
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Установителни искове за несъществуване на вземане и за погасено по давност вземане
Declaratory actions for non-existence of obligations and for ascertaining that an obligation is time-barred

Author(s): Vasil Petrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: declaratory actions; creditor; debtor; claim; prescription of claims; legal interest; procedural requirements; court costs; non-contestation of claim

Summary/Abstract: The article is focused on declaratory actions by debtor for non-existence of obligations. The hypothesis is discussed whereby the debtor claims that creditor’s claim does not exist, as well as the hypothesis whereby the debtor claims that a creditor’s claim had existed but was later time barred. Specific features of the institute of prescription of claims and of effects of claims already prescribed give reason to the author to argue that negative declaratory actions for non-existence of claim and declaratory actions for the fact that a claim had existed but is later time barred, do not possess the same subject matter, as well as that their admissibility results from different procedural requirements.

  • Issue Year: LIX/2018
  • Issue No: 4
  • Page Range: 33-47
  • Page Count: 15
  • Language: Bulgarian