Judgment in Case of Recognition of the Claim – Specificities and Challenges for the Case-Law Cover Image

Решение при признание на иска - особености и предизвикателства за съдебната практика
Judgment in Case of Recognition of the Claim – Specificities and Challenges for the Case-Law

Author(s): Margarita Zlatareva
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Нов български университет
Keywords: Judgment in case of recognition of the claim; Recognition of the claim; Recognition of a fact; Subject of the dispute; Inadmissible judgment; Incorrect judgment

Summary/Abstract: The paper aims to debate on the issue when the recognition by the defendant satisfies the legal requirements to deliver a judgment in the case of recognition of the claim. Upon the answer of this issue depends the validity o fthe recognition which was made and respectively whether the judgment in the case ofrecognition of the claim is legitimate. By making comparison between the theoretical view of therecognition of the claim with its content which the case-law accepts the author makes the conclusion, that in the heart of the recognition of the claim lies not the very disputed material right but the subject of the claim (the subject of the dispute).

  • Issue Year: 4/2015
  • Issue No: 5
  • Page Range: 214-227
  • Page Count: 14
  • Language: Bulgarian