Безвъзмездните разпоредителни сделки с чужди права
Gratoitous Transactions with Third Persons' Rights

Author(s): Ivan Ruschev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: legal transactions; gratuitous orders; conflicting case-law; donation; foreign property
Summary/Abstract: The purpose of this report is to show, frequently encountered in practice, hypotheses of legal transactions, defective due to non-ownership of the right by the grantor. It concerns hypotheses in which the regulation (or rather the interpretation of legal texts adopted in the case-law) sometimes leads to clearly unfair results. Views of the theory and the practice of the Supreme Court of Cassation are shared on examples that represent gratuitous dispositions with foreign (not owned by the grantor at the time of the disposition) rights, on which contradictory case-law has been formed over time.

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