FORMATION OF SECURITY PROCEEDINGS WITH A SECURITY ORDER
FORMATION OF SECURITY PROCEEDINGS WITH A SECURITY ORDER
The establishment of a security case and the imposition of security measures are carried out in accordance with the Code of Civil Procedure.
First of all, there should be a protective order issued by a Bulgarian court. Security measures can be different - seizure of receivables, seizure of movable property, seizure of shares, foreclosures, seizure of property. The bailiff has no right to assess the merits of the security order, he should only apply and execute it.
In order to initiate proceedings for the imposition of protective measures, it is not required that the protective order has entered into force, since not it, but the decision by which it is issued, is subject to appeal. The very issuance by the court and its delivery to the person using it is sufficient grounds for its application.
The person in whose favor the protective order was issued has the right to request from the enforcement authority the initiation of proceedings and the implementation of the measures under the protective order, with the original of the issued protective order being attached to the request for the initiation of the proceedings. The bailiff should immediately initiate the security case and put into effect the attached security order.
No invitation to voluntary compliance or any other communication is sent before the measures are imposed. Upon their imposition, they are communicated by the bailiff to the person to whom they are applied. From the date of receipt of the message from the bailiff about the imposed measures for the person against whom they are directed, the period for appealing the court's ruling on the imposition of the precautionary measure begins to run.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg