Enforcement of claims

The subject of forced execution are claims that are owed by several debtors under the conditions of solidarity (passive solidarity is a type of personal security for the creditor). Since the joint and several debtors owe the same thing to the creditor (unity of the subject of performance), the latter can demand the fulfillment of the entire obligation from any of them - the meaning of the norm is to end the situation as soon as possible of solidarity, which is burdensome for co-debtors (so-called absolute action of solidarity). Therefore, the satisfaction of the claimant through the implementation of enforcement methods with the subject property of one of the joint debtors has a terminating effect in relation to the performance (obligations) of the other joint debtors, which is why

it should be assumed that the relevant circumstance is whether and when the forced execution was also directed against the property of another joint debtor, since the latter could not object to the division of the debt, and the preclusion period runs jointly and not independently for the joint and several debtors (i.e. no relative effect, in contrast to the statute of limitations) in view of the general effect of the performance.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg