ПРИДОБИВАТ ЛИ СЕ EX LEGE ПРАВАТА ВЪВ ВРЪЗКА С РЕАЛИЗИРАНЕ НА ГАРАНЦИОННАТА ОТГОВОРНОСТ ОТ ПОСЛЕДВАЩИТЕ КУПУВАЧИ НА ИМОТА?
ARE THE RIGHTS ACQUIRED EX LEGE IN CONNECTION WITH THE REALIZATION OF WARRANTY LIABILITY BY THE SUBSEQUENT PURCHASERS OF THE PROPERTY?

Author(s): Petar Topurov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Warranty liability; acquisition of rights in connection with warranty liability; subsequent purchasers of property
Summary/Abstract: The report examines the contradictions in the caselaw regarding the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder. The lack ofexplicit legislative provisions for such a possibility is indicated asthe main weakness of the existing legal framework. In the courseof the study, a distinction was made between warranty liability andspecific liability under Art. 163, para. 3 of the Territorial PlanningAct. In conclusion, de lege ferenda proposal is made for an explicitprovision about the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder.

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