On the legal interests in the set-off of performance Cover Image

Относно законната лихва при прихващане на изпълнението
On the legal interests in the set-off of performance

Author(s): Zahari Tormanov
Subject(s): Economy, Law, Constitution, Jurisprudence, Civil Law, Accounting - Business Administration, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: performance; non-performance; monetary obligation; default interest; deduction of performance

Summary/Abstract: This article discusses the issue of how to discharge an obligation for payment of statutory default interest, where a borrower pays an amount that is not enough to cover both the principal and the interest. There are two standpoints set up in the Bulgarian case law. The first one says that statutory interest and principal shall be paid under Art. 76(1) of the Contracts and Obligations Act (COA), i.e. both obligations should be paid by order of their burden for the borrower, i.e. the time of their occurrence, accordingly. The other standpoint says that statutory default interest should be paid under Art. 76(2) COA, i.e. in this order of priority – expenses, interests, principal. The author stands for and speaks in favour of the second assumption. The main argument in support of his thesis is the fact that it is not justified to treat the defaulting borrower favourably rather than the innocent borrower, who owes the rewarding interest.

  • Issue Year: 5/2019
  • Issue No: 1
  • Page Range: 31-42
  • Page Count: 11
  • Language: Bulgarian