IDEAS home Printed from https://ideas.repec.org/a/vra/lbcs20/y2020i1p171-178.html
   My bibliography  Save this article

On Some Hypotheses Of Filling A Claim Against A Deceased Defendant

Author

Listed:
  • Svetoslav Pandilov

    (University of national and world economy)

Abstract

Considering the substantive and procedural consequences related to the filing of a claim, its admissibility is of significant importance to the defense of the claimant's interests. Case law of the last few years raised the question of what are the consequences for the claim procedure when the defendant has died by the date of filing of the claim - irregularity of the claim motion filed or inadmissibility of the claim on the grounds of lack of procedural prerequisite. The exist-ence of controversial case law has been overcome by Interpretative Decision â„–1/2017 from 09.07.2019 on Interpretative Case â„– 1/2017 of the General Assembly of the Civil and Com-mercial Divisions of the Supreme Court of Cassation, which states that when the defendant who is indicated in the claim motion has died before the filing of the claim motion the claim proce-dure is inadmissible and should be terminated. The above mentioned interpretative decision is analyzed in this report, as well as some hypotheses when the solution provided by the interpreta-tive decision could cause significant issues to the claimant. The report also aims to provide a solution to these practical issues.

Suggested Citation

  • Svetoslav Pandilov, 2020. "On Some Hypotheses Of Filling A Claim Against A Deceased Defendant," THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, University publishing house "Science and Economics", University of Economics - Varna, issue 1, pages 171-178, December.
    • Handle: RePEc:vra:lbcs20:y:2020:i:1:p:171-178
    DOI: 10.36997/LBCS2020.171
    as

    Download full text from publisher

    File URL: http://conference.ue-varna.bg/pravni-nauki/ConfProceedings/LBCS2020/171-178.pdf
    Download Restriction: no
    File URL: https://libkey.io/10.36997/LBCS2020.171?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    deceased defendant; admissibility of the claim; procedural prerequisites; res-toration of term.;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vra:lbcs20:y:2020:i:1:p:171-178. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Pavel Petrov (email available below). General contact details of provider: https://edirc.repec.org/data/uevarbg.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.