Гражданскоправен режим на държавните учреждения
Civil Law Regime of State Institutions

Summary/Abstract: The exposition represents an attempt at the formation of a unified notion of a state institution, the legal nature and legal personality of which are debatable in both the doctrine and the judicial practice. A distinction is drawn between the functions of the legal entity – the institution – and those of the administrative bodies within this legal entity, which, by virtue of the legal norm, are constituted as legal subjects and are bearers of certain rights and obligations in the sphere of public law. After examining the characteristics of state institutions, the author comes to the conclusion that legal personality under civil law is only possessed by those state institutions which explicitly – either individually or as a type – are recognized as legal entities. Special attention is given to the exception to this principle, this exception being provided for in Art. 27, para. 2 of the CPC. Categorical contestation is presented of the view which, on the grounds of the said provision, substantiates that the legal personality of state institutions under civil law may as well be recognized indirectly, through providing the state institution’s Manager with the quality of an independent administrator of a budget spending unit. Reasons are provided for the author’s opinion, according to which the rule of Art. 27, para. 2 of the CPC represents an explicit statutory procedural rule that only regulates, by way of exception, the procedural (and not the substantive) legal capacity of unincorporated formations (state institutions), and that does not transform the latter into legally capable ones under substantive law. In lieu of a conclusion, some procedural matters are discussed that concern the application of Art. 27, para. 2 of the CPC and the participation of state institutions in civil proceedings.

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