Относно някои проблеми на предсрочната изискуемост по договор за банков кредит в гражданския процес
Regarding some issues with acceleration clauses in bank loan contracts in civil court proceedings

Author(s): Ivaylo Toskov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: acceleration clauses; bank loan contracts; creditor, debtor
Summary/Abstract: The report looks into ongoing issues in legal theory and court practice, related to acceleration clauses in bank loan contracts. Main concepts such as the importance of due date in contract as well as the creditor’s right to demand performance before its occurrence, in art. 71 of the Contracts and Obligations Act, as well as art. 432 of the Commercial Act and art. 60, par. 2 of the Credit Institutions Act. The report also considers the court practice that was formed after the ruling of the Supreme Court of Cassation’s Commercial and Civil Chambers’ Interpretative Decision № 4 of 2013, and some legislative interferences.

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