DOES THE TERMINATION OF THE ENFORCEMENT PROCEEDINGS IN RESPECT OF THE PRIME CREDITOR HAVE AS A CONSEQUENCE THE TERMINATION OF THE PROCEEDINGS ALSO IN RESPECT OF THE JOINED STATE UNDER ART. 458 OF THE CODE OF CIVIL PROCEDURE? Cover Image
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ПРЕКРАТЯВА ЛИ СЕ ИЗПЪЛНИТЕЛНОТО ПРОИЗВОДСТВО И ПО ОТНОШЕНИЕ НА ПРИСЪЕДИНЕНАТА ПО ЧЛ. 458 ОТ ГПК ДЪРЖАВА В СЛУЧАИТЕ, КОГАТО ПРОИЗВОДСТВОТО СЕ ПРЕКРАТИ ПО ОТНОШЕНИЕ НА ПЪРВОНАЧАЛНИЯ ВЗИСКАТЕЛ?
DOES THE TERMINATION OF THE ENFORCEMENT PROCEEDINGS IN RESPECT OF THE PRIME CREDITOR HAVE AS A CONSEQUENCE THE TERMINATION OF THE PROCEEDINGS ALSO IN RESPECT OF THE JOINED STATE UNDER ART. 458 OF THE CODE OF CIVIL PROCEDURE?

Author(s): Petar Topurov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Execution procedure; termination of the execution procedure; the state as a joined creditor

Summary/Abstract: The report presents the contradictory case law on the consequences for the State joined as a creditor in enforcement proceedings in cases where enforcement proceedings are terminated with respect to the prime creditor. The text presents the existence of problems in the contemporary Bulgarian legal framework and proposes its amendment in order to achieve an appropriate balance between the interests of the different types of creditors and the impact on the financial stability of the debtor.