Относно някои проблеми на отговорността за вреди вследствие на обезпечение на иск
On Some Issues of the Liability for Damages Caused by Security for a Claim

Author(s): Andrean Slavchev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: liability; damages; security for claim; unjust enrichment
Summary/Abstract: This research deals with some issues of the liability for damages caused by unjustified security for a claim subject matter under discussions in doctrine and jurisprudence. Many basic courses in civil procedure law examine that liability. There is also an independent complete study of the institution of security for claims. The main issues there are related to the procedure of the security for a claim and the general requirements under Art. 403 of the Code of Civil Procedure (previous Art. 322 of CCP /repealed/ and Art. 378 of the CCP /repealed/) as well. The others deal with the nature and scope of the liability, the contributory negligence by the defendant, failure to mitigate the damages, etc. The application of the general rules of non-contractual liability in these cases, especially the application of Art. 51 of the Obligations and Contracts Act (OCA), is still controversial. The article discusses precisely the controversial opinions on that issue, as well as the application of Art. 59, Para 1 OCA by analogy to the liability for damages under the Art. 403 CCP.

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