Abstract

The article examines the inheritance of shares and stocks and some controversial questions in the cases of more than one heir. In similar situations, there is joint ownership over the inherited shares and stocks. According to article 132 and 177 from the Bulgarian Commercial Act, the rights in the shares and the stocks are indivisible, thus the heirs should exercise their joint and several rights and duties together and should appoint a proxy to act on their behalf before the company. When there is no understanding and consent between them then it is a crucial question whether they could end the joint ownership through a partition of their rights over the shares and the stocks. Legal theory and jurisprudence suggest that the partition by mutual consent is possible, but if no consent the only option should be a court order of partition. The Supreme Court of Cassation did not yer resolve if this is possible, which rises further discussions.