Practice
Agreements and powers of attorney
Drafting of written agreements
- Preliminary agreement;
- Agreement of cession;
- Agreement of pledge of movable and immovable property;
- Accounts receivable pledge agreement;
- Sale agreement;
- Exchange agreement;
- Gift agreement;
- Agreement of lease of movable and immovable property;
- Agreement of lending;
- Agreement of free loan for use;
- Agreement of manufacture;
- Agreement of mandate;
- Settlement agreement.
Advice on concluded agreements and agreements to be concluded
- Interpretation of the provisions of a concluded agreement;
- Advice on set-off of counter receivables;
- Advice on the suspension and interruption of a period of limitation;
- Advice on the pledge of movable properties and accounts receivable;
- Ratification of agreements, concluded without representative powers.
Powers of attorney
- Consulting on the form of authorization;
- Drafting of any kind of powers of attorney;
- Withdrawal of powers of attorney;
- Sub-authorization.
Out-of-court and judicial solution to disputes, arising out of non-compliance with an agreement
- Drafting of demands for payment of a debt;
- Legal representation in lawsuits related to contractual non-fulfillment;
- Conducting negotiations with the opposite party;
- Legal representation in lawsuits for a disproportionally high amount of penalty.
Contractual liability
- Advice on the liability for default or non-fulfillment of a contract as well as the right to compensation;
- Advice on the liability of the seller for defects of the sold property;
- Advice on the liability of the donee towards the donator upon repeal of the donation;
- Advice on the liability of the lessее for causing damages to the leased property;
- Advice on the liability of the lender towards the borrower for hidden defects of the property loaned;
- Advice on the non-fulfillment of the obligations of the assignee under an agreement of assignment of manufacture.
Amendment, termination and cancellation of concluded agreements
- Advice on potential nullity or invalidity of an agreement;
- Cancellation of bilateral agreements because of default;
- Cancellation of bilateral agreements because of inability to fulfill them;
- Drafting of additional arrangements for amendment to contractual provisions;
- Drawing up any kind of applications, demands, objections, requests, refusals etc.
Real Estate
Co-ownership of real estate
- Consulting on the rights and the obligations of the co-owners;
- Consulting on the management and the use of jointly owned real estate;
- Sale of a share of real estate by a co-owner to a third party or to another co-owner;
- Voluntary partition of real estate between co-owners.
Sale and purchase of real estate
- Legal analysis of the ownership, check of existence of charges and restricted interest in the immovable property subject to future or already carried out sale and purchase;
- Consulting on the necessary documents for a transfer of the ownership of the real estate;
- Consulting on mortgage lending, participation in negotiations relating to bank credit agreements;
- Drafting and/or review of a preliminary real estate sale & purchase agreement;
- Overall legal assistance in conveyancing of the deal.
Lease of real estate
- Conducting negotiations with lessees/lessors;
- Drafting lease agreements;
- Representation in disputes pertaining to the lease of real estate;
- Consulting in case of breach of contractual obligations by a lessee or a lessor;
- Protection of the right of ownership through initiation of the respective proceedings;
- Entry of lease agreements into the Registry Office;
- Drafting notifications, demands, applications etc.
Rights in rem and other rights in immovable property
- Consulting on donations, establishment of a right in rem of use, waiver of right of ownership, establishment of easement, additions and alterations to real estates;
- Clarification of the tax aspects of the real estate deals;
- Acquisition of immovable properties by adverse possession (by prescription);
- Advice on sale and purchase of land and land lease agreements.
Real Estate Litigation
- Litigation in all court instances in actions in rem (possessory action, ownership suit, action for demarcation of land etc.);
- Judicial announcement of a preliminary sale and purchase agreement as final;
- Judicial partition of jontly owned real estate.
Construction of houses
- Legal support upon institution of administrative proceedings for obtaining a building permit and starting building works;
- Review of a designing agreement with an architect;
- Review of a construction contract;
- Overall legal assistance in obtaining a permit to use the house.
Banking & Finance
Mortgage loans
- Bringing to the knowledge of clients their statutory rights;
- Representation of the client before financial institutions in negotiating the loan conditions, incl. rates of interest, collateral etc.;
- Defence of the client against incorporation of unfair terms into the agreement;
- Clarification of the rights and the order of early termination;
- Reporting to the branch conciliation commission on infringement of the rights of the borrower;
- Legal representation before the court.
Consumer credits
- Advice on the type and scope of the pre-contract information that the client should obtain from the financial institution;
- Defence of the borrower against incorporation of unfair terms into the agreement;
- Clarification of the financial and legal consequences of the right of withdrawal under the consumer credit agreement;
- Clarification of the right of early repayment of the credit as well as the financial and legal consequences entailed thereby;
- Submission of complaints to the Commission for the Protection of Consumers in the event of infringement of client’s rights;
- Reporting to a branch of industry conciliation commission on the infringement of borrower’s rights;
- Litigation.
Loan collateral
- Consulting and check for the purpose of protection of the interests of the client in agreements for creation of loan collaterals – mortgage agreements, pledge agreements, suretyship agreements, assumption of debt agreements, take-over of debt agreements etc.
- Changing and erasure of existing collateral by providing another collateral;
- Participation in negotiations with the financial institutions;
- Litigation.
Refinancing of loans
- Consulting on the options to have existing loans refinanced;
- Participation in negotiations with the financial institution for the purpose of re-negotiation of the loan terms and conditions;
- Providing the client with information on more favorable conditions being offered by other potential creditors;
- Preparation of documentation concerning early repayment of a loan through refinancing;
- Transfer of existing collateral to the new creditor through the proper procedure.
Leasing agreements
- Consulting on the particularities, the characteristics and the legal status of the parties upon a financial and an operation leasing;
- Drafting and review of leasing agreements. Protection of the client’s rights concerning the moment of transferring the risk of accidental loss of the object and the property;
- Re-negotiation of unfavorable conditions, transfer of rights under leasing agreements;
- Transfer of the property subject to the leasing agreement after its entire payment;
- Provision and check-up of collaterals under leasing agreements.
Non-performing loans
- Examination of the legal status of non-performing loans for the purpose of safeguarding the rights of the client;
- Negotiations with creditors regarding deferral or rescheduling late payments;
- Drafting claims and counterclaims, requests for offsetting, oppositions, complaints, demands etc.;
- Legal representation in court and before a self-employed or public bailiff for defence of the rights of the client considering the client’s situation.
Litigation & Dispute Resolution
Alternative dispute resolution
- Debt restructuring;
- Assignment of receivables;
- Debt-equity swap;
- Mediation.
Litigation areas
- Disputes in the field of the law of obligations (contractual and non-contractual disputes);
- Employment litigation;
- Family and succession disputes;
- Consumer disputes;
- Lawsuits concerning acts tainted with illegality of state and municipal authorities and delayed court proceedings;
- Real estate litigation;
- Bank and financial disputes;
- Administrative and tax litigation;
- International litigation;
- Non-contentious proceedings;
- Enforcement procedures;
- Intellectual and industrial property disputes;
- Insurance disputes.
Pre-judicial phase
- Review and analysis of the case, furnishing with the necessary and relevant evidence materials;
- Analysis and opinion on the substantive aspects of the disputes.
- Planning and conduct of the necessary procedural actions;
- Checking the property possessed by the debtor and the chances of securing the claim.
Judicial phase
- Preparation of statements of claim and statements of defence in response to the claims of the opposite party;
- Litigation in all court instances;
- Participation and representation at public hearing;
- Appeal of court rulings and orders.
Post-judicial phase
- Assistance during enforcement of court rulings and arbitral awards;
- Legal representation in enforcement procedures;
- Advising on the most effective enforcement measures to be taken, monitoring the measures of the bailiff in terms of conformity to law.
Arbitration
- Representation in arbitration disputes in Bulgaria and before international arbitration institutions;
- Recognition and enforcement of judgements of foreign courts and tribunals;
- Legal defence before the Supreme Cassation Court in matters on repeal of court decisions related to Bulgarian arbitration.
Migration Law
Acquisition of Bulgarian citizenship
- Clarification of the legal grounds for acquisition of Bulgarian citizenship by origin and by place of birth;
- Advice on the acquisition of Bulgarian citizenship through naturalisation, preparation, compiling and submission of the necessary documents to the Ministry of Justice or a Bulgarian embassy/consular office;
- Filing applications for release of Bulgarian citizenship;
- Filing applications for reinstatement of Bulgarian citizenship;
- Defence in proceedings for revocation of naturalisation and deprivation of Bulgarian citizenship.
Visa application
- Clarification of the procedure for entry, stay, residence and departure of foreigners from the country;
- Consulting, preparation and compiling of the necessary documents for issuance of a short-stay visa (visa of type C);
- Consulting, preparation and compiling of the necessary documents for issuance of a long-stay visa (visa of type D);
- Challenging refusals of visa issuance.
Residence permit
- Consulting, preparation and compiling of the necessary documents for issuance of an extended residence permit;
- Consulting, preparation and compiling of the necessary documents for issuance of a long-term residence permit;
- Consulting, preparation and compiling of the necessary documents for issuance of a permanent residence permit;
- Procurement of issuance of residence certificates to family members of EU citizens.
Entry into the population registers
- Advice on the options and the procedure for entry into the population registers of Bulgarian and foreign nationals;
- Overall assistance in change name proceedings;
- Procurement of the issuance of civil status records in the country and abroad;
- Requesting markings, additions and alterations to the civil status records;
- Requesting a change in the registration of residence.
Issuance of Bulgarian identity documents
- Consulting on the order and procedure for the issuance of Bulgarian identity documents and their types;
- Compiling of the documents necessary for the issuance of identity documents;
- Requesting the issuance of identity and residence related documents to foreigners.
Legal representation before the authorities
- Drafting and submission of any kind of requests, applications, notifications etc.;
- Overall compiling the documents required in the administrative proceedings before the migration authorities;
- Challenging the acts of the migration authorities that infringe the statutory rights and interests of the clients.
International Private Law
Rights in rem with an international element
- Determination of the international jurisdiction and the applicable law;
- Consulting on the order and the actions to realize the rights and to protect the interests of the client;
- Preparation, compiling and submission of the necessary applications, requests, demands, refusals etc.
Family and succession relations with an international legal element
- Advice on the order and the manner of conclusion, annulment or dissolution of a civil marriage with an international legal element and the related legal consequence that may be entailed thereby;
- Opinion on the personal and property relations between the spouses;
- Opinion on the descent, the adoption and the guardianship in international relations;
- Determination of the international jurisdiction and the applicable law.
Contractual international relations
- Determination of the law applicable to contractual relations;
- Study on the special rules of international trade;
- Consulting on international agreements in the field of sale and purchase; consumer law; insurance law; employment/labour law;
- Determination of the international jurisdiction.
Non-contractual international relations
- Determination of the international jurisdiction and the law applicable in case of tort/delict.;
- Determination of the international jurisdiction and the law applicable in case of unjust enrichment;
- Determination of the international jurisdiction and the law applicable in case of negotiorum gestio;
- Raising out-of-court claims and initiation of court proceedings.
Recognition of foreign judgements and other acts
- Discussion of the preconditions for authorizing the enforcement of foreign acts in the country and abroad;
- Compiling the required documents for recognition of judgements pursuant to Council Regulation (EC) No 44/;
- Advice on the grounds for a refusal of recognition;
- Legal representation in the proceedings for recognition of a judgement.
Admission of enforcement of foreign judgements and other acts
- Clarification of the proceedings for authorizing the enforcement of foreign judgements and other acts – preparation and submission of a declaration of enforceability and all other required documents to the competent court;
- Challenging the decisions where the rights and the interests of the client in the proceedings for recognition of a judgement have been infringed;
- Consulting and conduct of proceedings pursuant to Regulation (EC) No 805/2004 creating an European Enforcement Order for uncontested claims;
- Consulting and conduct of proceedings pursuant to Regulation (EC) No 1896/2006 creating an European Order for payment procedure;
- Admission of enforcement of foreign judgements and other acts pursuant to the International Private Law Code.
Intellectual Property
Copyright and related rights
- Advice on the subject-matter of copyright and related rights;
- Analysis of information on the infringement of copyright and related rights;
- Drafting agreements for the use of works subject to copyright and related rights;
- Taking evidence in respect of infringed copyrights and claiming the liability of infringers;
- Legal representation before the relevant authorities and the court.
Trademarks
- Checking on identity or similarity to trade marks being already registered;
- Advice on the absolute and relative grounds for refusal of registration of a trademark;
- Preparation and compiling an application for a trademark to the Patent Office, incl. international registration of a trademark;
- Drafting oppositions against trademark applications, responses to oppositions lodged, requests for deletion and cancellation of trademarks;
- Consulting upon conflict between trademarks and company names;
- Monitoring a trademark with regard to similar or identical trademarks subsequently applied for;
- Protection of trademark rights through bringing civil-law, administrative-law and criminal-law actions.
Patents
- Search for novelty, state-of-the-art and patentability of inventions;
- Drafting, compiling and submission of an application for patent registration on national and international level;
- Maintenance and extension of the term of validity of patents;
- Drafting agreements on use and transfer of patent rights;
- Filing of action in the event of infringed patent rights.
Utility models
- Search for novelty, inventive step and industrial application of utility models;
- Registration of utility models with the Patent Office;
- Extension of the term of validity of the registration;
- Filing of action in the event of infringed utility model rights.
Industrial design
- Search for novelty and originality of the industrial design;
- Registration of the industrial design with the Patent Office;
- Extension of the term of validity of the industrial design;
- Drafting license agreements for use of the industrial design;
- Filing of action in the event of infringed industrial design rights.
Internet law
- Consulting on registration of trademarks as internet domains;
- Analysis of the options of taking measures against theft of content and personal data posted on web sites;
- Unauthorized use of domain for the purpose of benefiting from the popularity of the respective name;
- Protection of the copyright in objects on web sites;
- Legal representation before the relevant authorities and in court.
Law of Succession
Advice on the best approach to disposing of the patrimonial property upon opening of succession
- Elucidating the possible legal options open to the client for disposing of the testator’s property following his/her death;
- Considering the kinship ties of the deceased and the chances of the heirs with a reserved portion of the estate to appeal the will;
- Drawing up agreements for sale of succession, wills, applications etc.
Determination of a heir’ s share
- Determination of the persons entitled to a share of the succession, the order and quotas of a succession;
- Checking up on the existence of other universal or singular successors of the testator and their quotas;
- Calculation of the succession quotas as fractions.
Entrance upon and relinquishment of succession
- Elucidating the ways and the procedure for entrance upon succession;
- Making the client familiar with the legal consequences of an ordinary entrance upon a succession, entrance upon a succession by way of inventory, and the legal consequences of a relinquishment of the succession.
- Determination of a period of time for entrance upon a succession in case of a demand on the part of a creditor of the deceased;
- Drawing up specific applications to the court for entrance upon and relinquishment of succession;
- Clarification of the tax and legal aspects of the succession.
Drawing up and announcement of wills
- Clarification of the types, forms and manners of drawing up wills;
- Assistance in compiling a notarized or a handwritten will;
- Support upon announcement or entry of a will into the Land Register;
- Declaration of wills as to the nullity.
Restoration of a reserved share of an estate
- Determination of the freely disposable and reserved portion of the estate;
- Determination of the persons having a reserved portion of the estate and determination of their quotas;
- Legal representation in claims on restoration of the reserved portion.
Partition of the patrimonial estate in court and out-of-court procedures
- Determination of the persons entitled to take part in the partition and the quotas of succession;
- Determination of the divisibility of a jointly owned estate;
- Drawing up agreements for a voluntary partition in the form as required by law, entry of the agreements into the Land Register;
- Legal representation in proceedings for a judicial partition of the estate.
