За недействителността на сделките и сигурността на оборота
Regarding the invalidity of transactions and security of turnover

Author(s): Miroslav Dimitrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: invalidity; transaction; nullity; voidability; subjective rights; third party; civil turnover
Summary/Abstract: The report reviews the effect that invalidity has on third-party rights acquired by a party under a void or voidable transaction. Examples are presented where the current legal framework and the judicial practice of its application lead to unfair results. Apart from rare exceptions, priority is given to the interest of the party to the invalid transaction over that of the third party, regardless of the reprehensibility of the behavior of the party to the invalid transaction, the possible good faith of the third party, the profitability of the acquisition, etc. circumstances. Conclusions regarding the need to improve the regulatory framework have been substantiated, and specific proposals have been made for the direction of legislative intervention.

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