Погасяването по давност на частни вземания при действието на Конституцията на Република България от 1991 г.
Limitation of Private Claims under the Effect of the Constitution of the Republic of Bulgaria from 1991

Author(s): Zlatimir Orsov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitution; Bulgaria; state; limitation; private claims; statutory provisions
Summary/Abstract: At first glance, one might appear that the legal provisions allowing private state claims to be barred by limitation are not unconstitutional – they are state claims, and the state itself has given its debtors the right to default on their obligations to it by providing for the possibility that those claims may be barred by limitation and by giving them the right to invoke limitation. Art. 18(6) of the Constitution obliges the State to manage and administer its property in the interest of the citizens and the public. It is obvious that the limitation of private State claims is in the interest of the debtor in each individual claim, but it is not in the interest of the public and citizens because it reduces the State's assets and thus its ability to perform its functions effectively. Therefore, the statutory provisions allowing the limitation of private state claims are also unconstitutional.

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