Прихващането в международното частно право
Compensation in International Private Law

Summary/Abstract: Bulgarian international private law does not contain positive legal regulation of the law applicable to compensation. The article herein recommends the application of the law regulating the “passive” debt (i.e. debt subject of compensation). Such an arrangement considers the less favourable position of the debtor against whom a compensation statement is made. The debtor who is making compensation has the advantage of the “attack”; therefore the debtor who sustains the compensation shall be defended by his applicable law. Besides, by making compensation the debtor of the “active” debt tacitly agrees to the applicability of the law of the “passive” debt. It could be sustained that this applicable law is predictable and acceptable for both parties. In any case it’s better than the other ways for determining the applicable law (the cumulative application of both the law of the “passive” debt and that of the “active” one would overcomplicate the compensation; as regards their alternative application or the application of the law regulating the “active” debt, would have disregard the interest of the “passive” creditor.

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