ОТРАЖЕНИЕТО НА ПРЕКРАТЕНОТО СЪДЕБНО ПРОИЗВОДСТВО ВЪРХУ ПОГАСИТЕЛНАТА ДАВНОСТ
THE REFLECTION OF THE INTERRUPTED PROCEDURE BEFORE THE COURT OVER THE LIMITED PERIOD

Summary/Abstract: For the first time in Bulgarian legal literature the question about rejection of a claim by the state court on the grounds of inadmissibility because of an arbitrage clause and about reiteration of the claim before the arbitrage is put under discussion. If, during this time, the limitation period has expired and the defendant has made a defense, I think, unlike the judicial practice, that stopping and interruption of the limitation period during the first court procedure must be taken into account. This article discusses also the question whether the legal regulation of the limitation period is imperative or dispositive and whether art. 113 of the Obligations and Contracts Act about the invalidity of an agreement for renunciation of limitation period before its expiry is appropriate.

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