Същност на процесуалната субституция и разграничаването ѝ от други институти на гражданския процес
ESSENCE OF PROCEDURAL SUBSTITUTION AND ITS DISTINCTION FROM OTHER INSTITUTES OF CIVIL PROCEEDINGS

Summary/Abstract: The article deals with the issue of the amount of compensation that the tenant owes to the landlord for the time during which he used the property, although the lease agreement was terminated and he opposed to the use of the property. The practice of the Supreme Court of Cassation is analyzed and on the basis of the examined court decisions it is concluded that this practice is contradictory. Two views have been expressed. First, the amount of compensation provided for in Art. 236, para. 2 of the Law on Obligations and Contracts may not be less than the rental price under the terminated contract. Second, compensation is due only if the landlord proves that he has suffered damages – lost profits, which are determined on the basis of expertise for market rent. The author expresses her own view that “the compensation referred to in the law is not a real compensation for damages, but it is the equivalent or the price of the use of the property without legal grounds”. Along with it, another claim can be made for damages that have actually occurred and are proven by the landlord.The article deals with the issue of the amount of compensation that the tenant owes to the landlord for the time during which he used the property, although the lease agreement was terminated and he opposed to the use of the property. The practice of the Supreme Court of Cassation is analyzed and on the basis of the examined court decisions it is concluded that this practice is contradictory. Two views have been expressed. First, the amount of compensation provided for in Art. 236, para. 2 of the Law on Obligations and Contracts may not be less than the rental price under the terminated contract. Second, compensation is due only if the landlord proves that he has suffered damages – lost profits, which are determined on the basis of expertise for market rent. The author expresses her own view that “the compensation referred to in the law is not a real compensation for damages, but it is the equivalent or the price of the use of the property without legal grounds”. Along with it, another claim can be made for damages that have actually occurred and are proven by the landlord.

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