Разваля ли се по силата на съдебното решение за евикция договорът за прехвърляне на недвижим имот?

Author: Делян Недев

Whether the contract for transfer of immovables should be terminated by judgment about eviction?

Delyan Nedev

Abstract

The article examines how the eviction affects the transferring of ownership contract (case № 1/2019, General Meeting of the Civil and Commerce Chambers of the Supreme Court of Cassation). According to the position maintained, the eviction judgment does not ex lege cause the termination of the contract. Instead – according to the general principles of Contract law – it has to be another, special claim for the termination.

Keywords

Eviction, Admissibility of Claims, End of Obligation, Termination of Contract

Download Broi 3-2019 Statia 4.pdf