Относно правното положение на трети лица, придобили вещни права в хипотеза на отменено конститутивно съдебно решение на праводателя им
On the Legal Status of Third Parties who have Acquired Real Rights in the Case of a Reversed Constitutional Judgement of Their Grantor

Author(s): Dimo Hadzhiev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: third parties; real rights; annulment; constitutional judgment; registration
Summary/Abstract: The subject of this report is the legal situation of third parties who have acquired real rights in the case of a reversed constitutional judgment of their grantor. The report focuses on the level on which the competition of rights between the petitioner in the proceedings for the annulment of a final constitutional judgment and the third party who acquired a real right from the defendant in the annulment proceedings could be resolved. The relevance of the report is dictated by the fact that there is no adequate means to guarantee security in the civil turnover in the considered hypothesis in the current real property law framework. The purpose of the report is to examine and comment on the case-law of the Supreme Court on the issue raised. The report deals with opinions and comments on controversial issues related to the subject of research, as set out in the legal doctrine, and comments on them and expresses a position. Minor interpretative changes have been made to the text of the judgments analyzed for the purposes of the report, without affecting the content of the statements made by the SCC Chambers in the cases under consideration.

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