За съотношението между чл. 26, ал. 2 и чл. 31 ЗЗД – десет години по-късно
For the relationship between art. 26, para. 2 and Art. 31 of the Law on Obligations and Contracts - 10 years later

For the qualification of the contract concluded by a capable person who is not able to understand or direct his own actions, in the light of the latest judicial practice

Summary/Abstract: The article reviewing the conflicting practice of the High Court of Cassation (HCC) sets out considerations for rethinking the criteria for distinguishing nullity from voidability of the transaction due to lack of will through a restrictive interpretation of art.31 of the LOC, when the regime of voidability provided by this provision, though in the case we have lack of will, should be applied only when the temporary and transitory nature of the “de facto incapacity” is indisputably proven. In other cases the transactions concluded by formally capable persons, but being permanently unable to understand and/or direct their own actions, should be treated as void due to lack of will.

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