Искът за защита срещу неприсъствено решение
The claim for protection of a party against a judgment by default

Author(s): Tanya Gradinarova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: judgment by default; defensive claim; grounds for bringing of a defensive claim against a judgment by default
Summary/Abstract: The regulation in the current Civil Procedure Code (CPC) of the institute of the judgment by default and the special procedural means of protection against it poses a challenge for theory and the case law. The peculiarities of the preconditions and the contents of the judgments rendered by default are also reflected by the specific defences available against them. Consequently, the clarification of the substance and the nature of the defensive proceedings against judgments rendered by default by the theory of civil procedural law is highly relevant to the application of the current CPC. Therefore, the clarification by the procedural doctrine of the nature and the problems of the proceedings for protection against the judgement by default is important for the implementation of the institute, regulated in the current Civil Procedure Code. This report aims to create a discussion regarding some of the problems of the defensive claims against the rendition of judgments by default available to the disadvantaged party, governed in Bulgarian legislature by Art. 240, para 2 and para 3of the CPC, given their laconic regulation and the problems they are causing for the case law, as well as to provide some suggestions de lege ferenda.

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