Legal Nature of the Term Under Subclause 20.1 of Fidic Red Book (1999) According to Bulgarian Law Cover Image
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Правно естество на срока по подклауза 20.1 от Червената книга на ФИДИК (1999) според българското право
Legal Nature of the Term Under Subclause 20.1 of Fidic Red Book (1999) According to Bulgarian Law

Author(s): Lachezar Lazarov
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: FIDIC conditions of contracts;contractual preclusive terms; preclusive terms; prescription terms

Summary/Abstract: The increasing use of FIDIC conditions in the contracts of building and engineering works that are contracted and performed in Bulgaria raises a number of questions which, thus far, have not been the subject of profound elaboration on the part of the doctrine. The article deals with one of the most contradictory and internationally debatable texts in the FIDIC Red Book (1999), namely its subclause 20.1 (Contractor’s Claims) and the 28 days’ term for the contractor’s giving a claim notice to the engineer. The subject matter of the study comprises the legal nature of the said term, its validity and its field of application, as well as the consequences of its non-observance in those cases where the parties have chosen that their legal relationships will be governed by the provisions of Bulgarian substantive law legislation. In that respect, consideration is also given to an issue that has been poorly examined by the theory, namely the general issue of validity of those clauses through which the terms for the exercise of rights are laid down in the conditions of the contract only.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 68-92
  • Page Count: 25
  • Language: Bulgarian