За изискуемостта, падежа и забавата при задължението за връщане на дадено при начална липса на основание
On execution period, maturity date and delay of the obligation for recovery of the conferred on an initial absence of justification
Author(s): Zlatka VangelovaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: unjustified enrichment; maturity date; execution period; delay in performance; initial absence of justification
Summary/Abstract: The article studies the issues of the execution period, maturity date and delay of the obligation to recover the conferred on an initial absence of justification. The execution period is considered both in a narrow sense (this is the creditor’s power to require performance of an obligation, using the state coercion, if necessary), and in a broad sense (this is the creditor’s power to determine the maturity date of an obligation that is without a fixed term). The execution period in a broad sense begins at the occurrence of the obligation and it precedes the maturity date. The execution period in a narrow sense begins at the maturity date. A conclusion is made that the Supreme Court uses the term “execution period” in a broad sense in Interpretative decision No 1/28.05.1979. Hence, the maturity date of the above-mentioned obligation shall take place at the creditor’s invitation to the debtor to perform. The debtor’s non-performance on the maturity date shall automatically put him/her on a delay.
Journal: Правна мисъл
- Issue Year: LIX/2018
- Issue No: 3
- Page Range: 14-30
- Page Count: 17
- Language: Bulgarian
- Content File-PDF