Заповед за изпълнение и изпълнителен лист за неизискуеми вземания
Payment order and Executive order for nondefaulted obligations

Summary/Abstract: The Civil Procedure Code now in force in Bulgaria brought back the Payment Order Procedure that was part of our law half a century ago. Courts’caselaw continues to generate contradictory practice on controversial topics of Payment Order Procedure. There are questions that are not controversial but which deserve more attention and consideration because the present case-law sometimes yields undesirable results. One such question that seems to gather unanimity in academia and the judiciary is the question whether courts can issue payment orders and executive orders for existing, but nondefaulted obligations. In this article I take the view that this is possible in certain hypotheses.

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