Editorial Board:

Prof. Dr. Valeri Dimitrov - Chief Editor

Prof. Dr. Sc. Angel Kalajdziev

Prof. Dr. Darina Zinovieva

Prof. Dr. Gabriela Belova

Assoc. Prof. Dr. Konstantin Tanev - Scientific Secretary

Address of the Editorial Office:

Student Town, UNWE Faculty of Law

e-mail: [email protected]

Tel.: (+3592) 81-95-684

International Scientific Council:

Prof. D.Sc. (Law) Dimitar Radev Radev

Assoc. Prof. Dr. Valchin Daskalov

Assoc. Prof. Dr. Diana Marinova Marinova

Prof. Dr. Rumen Iliev Markov

Prof. Dr. Josep María De Dios Marcer P

rof. Dr. Sc. Mihal Sckrejpek

Prof. Dr. Philip Thomas

Address: Student Town, UNWE Faculty of Law e-mail: [email protected] Tel.: (+3592) 81-95-684

The views expressed by the authors are their own and do not commit the editorial board of the journal.

Prepress preparation carried out by: Publishing Complex - UNWE Printed by: Publishing Complex - UNWE

Относно законната лихва при прихващане на изпълнението
Business and Law
year 2019
Issue 1

Относно законната лихва при прихващане на изпълнението

On the legal interests in the set-off of performance


This article discusses the issue how to discharge an obligation for payment of statutory default interest, where a borrower pays an amount that is not enough to cover both the principal and the interest. There are two standpoints set up in the Bulgarian case law. The first one says that statutory interest and principal shall be paid under Art. 76(1) of the Contracts and Obligations Act (COA), i.e. both obligations should be paid by order of their burden for the borrower, i.e. the time of their occurrence, accordingly. The other standpoint says that statutory default interest should be paid under Art. 76(2) COA, i.e. in this order of priority – expenses, interests, principal. The author stands for and speaks in favour of the second assumption. The main argument in support of his thesis is the fact that it is not justified to treat the default borrower favourably rather than the innocent borrower, who owes the rewarding interest.


performance, non-performance, monetary obligation, default interest, deduction of performance
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ISSN (print): 2603-3437
ISSN (online): 2603-3445