Prerequisites and legal effects of action for abolition per Art. 37 of the Law for the Inheritance  Cover Image
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Предпоставки и правно действие на отменителният иск по чл. 37 от Закона за наследството
Prerequisites and legal effects of action for abolition per Art. 37 of the Law for the Inheritance

Author(s): Stoyan Stavru
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: CIVIL LAW // This article considers legal prerequisites for successful claim as per article 37 of the Law for the Inheritance: i) accomplishment of donation or will of real estate by the legator; ii) transferring the real rights over the estate by the receiver in favour of third party; iii) availability of approved claim under article 31 of Inheritance act; iv) impossibility for plaintiff to resume his reserved hereditary part from the property of the defendant, and v) absence of addition by the third party for the reserved hereditary part of the plaintiff. All these prerequisites are examined into depth and respective de lege ferenda suggestions are made. At the end of the article legal consequences of the claim are summarized.

  • Issue Year: LII/2011
  • Issue No: 1
  • Page Range: 15-31
  • Page Count: 17
  • Language: Bulgarian