Актуални въпроси на нищожността в най-новата практика на ВКС
Current issues of nullity in the latest practice of the Supreme Court of Cassation

Author(s): Ivan Ruschev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: nullity; court opinions; conflicting case law; legal transactions; objection
Summary/Abstract: This report examines current issues related to nullity in the latest case law of the Supreme Court of Cassation. Attention has been drawn to the opened interpretative case No. 1 of 2020. of the Supreme Court of Cassation and the controversial jurisprudence discussed in it, objectified in numerous, divergent decisions of the Supreme Court of Cassation. Emphasis is placed on the opinions of the individual courts – district and appellate, as well as the representatives of the law faculties on the interpretative issue, which are divided and placed along the axis between the two understandings, but with some nuance. An attitude was taken according to the adopted Decision No. 1 / 2020 of the Supreme Court of Cassation. Reflections are presented on the reasons for the successful resolution, which this Interpretive Decision skillfully balances between the two seemingly contradictory theses.

• Details
• Contents