Негаторен иск или установителен иск за несъществуването на ограничено вещно право
NEGATORY CLAIM OR CLAIM FOR ASCERTAINMENT OF THE NONEXISTENCE OF A LIMITED PROPERTY RIGHT

Summary/Abstract: The General Assembly of the civil and comer cial colleges of the Supreme Court of Cassation (SCC) and the General Assembly of the civil col le ge of the SCC treat differently the negative ascer tain ment claim in those cases where its subject matter is the nonexistence of a certain limited property right in the defendant’s property. In this exposition, argumentation is given for the view that the claims under Art. 109 of the Ownership Law are sentencing ones only and that the legal qua lifi cation of the negative ascertainment claim for nonexistence of a certain limited property right is laid down in Art. 124, para. 1 of the Civil Pro cedu re Code (CPC), and this claim is subject to being entered in the Re gis try Offi ce and, if the claimant fails to prove his interest in bringing in the claim and, particularly, that he holds a subjective pro perty right over the real estate in which the defendant claims the limited property right negated by the claimant, then the proceedings in regard to the said claim should be discontinued as inadmissible.

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