По въпроса за презумираните в съдебната практика факти от фактическия състав, пораждащ правото по чл. 135 ЗЗД
ON THE PRESUMPTIONS OF FACTS UNDER ART. 135 OF THE BULGARIAN LAW ON OBLIGATIONS AND CONTRACTS (ACTIO PAULIANA) IN COURT PRACTICE

Author(s): Ventsislav L. Petrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Издателство „Сиби“
Keywords: actio Pauliana; claim under Art. 135 LOC; proof; presumption
Summary/Abstract: The article studies the issue which factual aspects, creating the right under the Art. 135 of the Bulgarian Law on Obligations and Contracts (LOC), are presumed and which facts must be proved by the plaintiff. The criticism against the following opinions in the court practice is made: that the plaintiff should not prove his obligation right; that he should not prove the damaging character of the transaction made by the debtor; that he should not prove that the debtor knows his transaction damages the creditor.

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