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Civil Cases Jurisdiction – Bulgaria

Bulgarian civil litigation generally passes in three instances – Court of First Instance, the Appellate Court and Court of Cassation.

The regional court is a competent jurisdiction in all civil cases except those within the jurisdiction of the district court as a first instance.

Let’s see now for which cases is ? competent jurisdiction district Courts as a first instance:

1. actions to establish or challenge the origin, termination of adoption, interdiction or to repeal it;

2. claims for property and other real rights over property price was above 50,000 BGN

3. claims in civil and commercial matters price was above 25,000 Levs, except claims for alimony, labor disputes and claims for acts of defalcation

4. claims to establish the admissibility or nullity of entry and registered non-existence of a circumstance where this is provided by law

5. claims that other laws are subject to be reviewed by the district court

Let’s know see which exactly regional or district court are competent by local jurisdiction:

1. According to the general jurisdiction  action shall be claimed at the court in the area where is the permanent address or registered office of the defendant.

2. Claims against minors or placed under judicial disability persons shall be brought to court in the permanent address of their legal representative.

How to proceed with claims against persons with an unknown address?

3. Action against a person with unknown address shall be brought at the court competence over the permanent address of his agent or representative, if none exists – the permanent address of the plaintiff. The same apply to a defendant who does not live within the Republic of Bulgaria on his permanent living address.

4. If the plaintiff is not domiciled in the Republic of Bulgaria, the action be filed with the proper court in Sofia.

5.  Claims against state institutions and entities are brought at the court in whose area where are their management or office. In disputes arising from direct relations with their subsidiaries or branches, claims may be brought and their location.

6. Claims against the state brought before the court in whose area the dispute relationship, except in the cases. of art. 109 and 110. When it has occurred abroad, the action shall be brought before the proper court in Sofia.

7.  Claims for property rights to real property, for partition of an immovable property, borders and protect disturbed possession of the property shall be brought in the place where the property is located. At the location of the property and claims are brought to conclude a definitive agreement for the establishment and transfer of real rights over immovable property, as well as deterioration, destruction and declaring the nullity of contracts for property rights to real property.

8. Claims for heritage, the destruction or reduction of the legacies of partition and inheritance for the destruction of voluntary partition to bring the place where the inheritance was opened.

9.  Monetary claim under the contract may be brought and by the current address of the defendant.

10.  Maintenance claim may be brought and by permanent address of the claimant.

11. A consumer claim may be brought by its current or permanent address.

12. The employee can sue his employer and the place where he habitually carries out his work.

13. Action for damages from tort may be brought in place of the offense.

14. Claim against defendants in different judicial districts or property which is located in different judicial districts can be sued by the choice made by the plaintiff in the court of one of these areas.

A contractual jurisdiction

Set by law jurisdiction may not be amended by agreement of the parties.

With the written agreement of the parties property dispute may designate another court, not the one to try the case according to the rules of the local jurisdiction. This provision shall not apply to jurisdiction under Art. 109. of Bulgarian Civil Code Procedure.

Agreement choice of court in actions brought by consumers and labor disputes have effect only if concluded after the dispute arises.

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