Scope of the Court’s check in the legal proceedings to halt the registration in the Trade Register Cover Image
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Обхват на проверката на съда при искане за спиране на регистърното производство
Scope of the Court’s check in the legal proceedings to halt the registration in the Trade Register

Author(s): Atanas Petrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Съюз на юристите в България
Keywords: interpretative decision; suspension of registration proceedings; admissibility of the conditioning claim; prejudicial legal relationship; trade register

Summary/Abstract: With Interpretative decision No. 1 from 14.03.2023, issued in case No. 1/2022 by the General Assembly of the Commercial College of the Supreme Cassation Court, the proposal of the Chairman of the SCC for adopting an interpretative decision on the question: “What circumstances should the court examine and take into consideration when reviewing requests in proceedings per Art. 536, Para. 1 of the Code of Civil Procedure in relation to Art. 19 of the Law on the Trade register and the register of non-government organizations” was rejected. The article examines the issued interpretative decision, as well as separate legal acts, in an attempt to research and clarify the issue regarding the necessity of mandatory interpretation of the provisions, conditioning the posed question.

  • Issue Year: 2023
  • Issue No: 10
  • Page Range: 16-28
  • Page Count: 13
  • Language: Bulgarian