Изисквания за редовност на исковата молба в производството по Закона за противодействие на корупцията и отнемане на незаконно придобитото имущество
Requirements for Regularity of the Claim in Proceedings Under the Law on Combating Corruption and Confiscation of Illegaly Acquired Property

Author(s): Milen Marinov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: claim; regularity; irregularity; procedural prerequisites; illegally acquired property
Summary/Abstract: In civil proceedings the Plaintiff is bound by the norm of Art. 127, Para 1 of the Civil Procedure Code which regulates the requirements that each claim must meet in order to be considered by the court. Among these requirements /most of which can also be defined as ‘requisites’/ through the prism of the proceedings for confiscation of illegally acquired property, the most prominent one is that of item 4 of the cited provision, according to which the claim should contain precise and clear statement of the circumstances on which the claim is based. At the same time, the special law, namely the Law on Combating Corruption and Confiscation of Illegally Acquired Property, sets out specific characteristics for this type of claim proceedings which, in practice, expands the catalogue of requirements for the regularity of the claim. The purpose of this report is to analyze and clarify in full the statutory requirements that a claim under the LCCCIAP should meet in view of the general and special legal regulations.

• Details
• Contents