По въпроса за релевирането на възражение, направено с допълнителния отговор на исковата молба в производството по търговски спорове
About the question of raising an objection made with the additional response to a claim in the commercial dispute procedure

Contributor(s): Ivaylo Malinov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Objection; commercial dispute; additional response to a claim; preclusion; prescription
Summary/Abstract: This article examines the issue of the possibility of releasing an objection for prescription for expired promissory note in the additional response to the claim in the special claim proceedings in commercial disputes within the meaning of Art. 365 et seq. GPK, when this is not done in the initial answer. According to the present case law (see Order № 60636 of 14.12.2021 of the Supreme Court of Cassation, c. c., II c. c.), this legal action is precluded by the implementation of the initial exchange of papers. The above interpretation raises the general problem of the legal effect of an objection, which was not made during the initial exchange of papers, but in the conditions of the additional one. In the present article it will be argued that this interpretation of the legal norms by the Supreme Court of Cassation does not correspond to the spirit and the real meaning of the law.

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