АКТУАЛНИ ПРОБЛЕМИ НА ЗАПОВЕДНОТО ПРОИЗВОДСТВО
CURRENT ISSUES OF ORDER FOR PAYMENT PROCEDURE

Summary/Abstract: The article discusses the theoretical and practical problems in the order for payment procedure after the amendments to the Civil Procedure Code in State Gazette (SG), № 86 of 2017 and SG № 102 of 2017. The author has consistently examined the individual provisions following the amendment of the law by commenting on the various opinions on individual issues that have formed in the case law, which is not constant at the moment. Various solutions are proposed, including in the light of European Union law and the case law of the Court of Justice of the European Union on consumer protection, taking into account the provision of Art. 411 CPC and Art. 417 CPC, as well as the problem of how the court should rule when it rejects the application for an execution order in whole or in part. There is a separate section for the provision of Art. 414a CPC, which is new and raises various issues in its application, including the possibility of developing a simplified racing process within the framework of the order for payment procedure. In the conclusion, the author concludes that the individual problems are currently being solved ad hoc, as well as the interpretative practice of the Supreme Court of Cassation.

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