За формалната страна на съдебното решение. Последици от нарушаването й
On the Formal Side of Judgments and Consequences Resulting from not Taking it into Consideration

Summary/Abstract: The paper analyses issues concerning the formal requirements about judgments. It raises the question whether the presence of each element of the legally provided mandatory contents of judgments proves its validity; the absence of any of these elements makes the judgment invalid or it makes it eligible to be annulled upon appeal (i. e. inadmissible) or reparable by the court that has declared it. There is also the issue about the significance of the absence of signature of one of the judges, where the court is composed of three judges. The author is at the opinion that the absence of any of the elements provided for in Article 236, Paragraph 1, points 1-7 of the Civil Procedure Act of the formal requirements of the judgment make it vulnerable to appeal even alongside any substantial appeal. Whether the higher instance court will accept its inadmissibility depends on the circumstance whether the absent element is implied by other means such as the reasoning of the court, the minutes of the hearing, the reading of the judgment, etc. In cases where there are irreparable formal deficiencies of the judgment such as absence of signature or there is the signature of a person who is not authorized to deliver justice, notwithstanding the instance that has delivered the judgment, the judgment is deemed to be invalid.

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