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.
Employment & Social Security
Providing expert advice to the client in the conclusion, amendment and termination of employment contracts
- Giving opinion prior to conclusion of employment contract to ensure that employee’s interests are fully protected;
- Providing the employee with all necessary job-related documents and certificates upon entrance into office;
- Advice on employer-initiated alterations to the employment contract and explaining the potential risks for the employee;
- Consulting on issues relating to business trips in the country and abroad;
- Opinion on the options of terminating the employment relationship by the employee in protecting employee’s interests to the maximum extent;
- Advice on the utilization of the leaves of absence, the basic structure and the additional components of the remuneration package etc.;
- Drawing up for the client any kind of documents and papers (applications, requests, suggestions etc.) related to the employment relationship.
Court and out-of-court resolution of labour disputes
- Consulting on the termination of employment relationship on the best terms possible for the employee;
- Conducting negotiations with the employer to resolve labour disputes;
- Opinion on the procedure of filing claims against the employer where the employee has outstanding receivables;
- Legal representation before all instances in any kind of labour claims.
Work accident and occupational disease compensation claims
- Consultancy to the employee on her/his rights upon occurrence of work accidents and occupational diseases;
- Providing the employee with all the necessary documents certifying the occurrence of work accidents or occupational diseases so that she/he can exercise her/his rights;
- Preparation and presentation of out-of-court demands to the employer for satisfaction of employee’s claims;
- Conducting meetings and negotiations with the employer;
- Initiation of lawsuits against the employer and securing employee’s claims in the proper manner;
- Litigation in all court instances.
Hiring foreign nationals to work under employment contract
- Analysis of the statutory options of hiring EU-citizens and citizens of third countries to work under employment contract;
- Compiling the necessary documentation and procurement of work permit from the Employment Agency;
- Application for and obtaining a work permit for taking up a high-skilled occupation of type “Blue Card”;
- Registration of short-term occupation of foreign nationals without permit for working in the country;
- Appealing in administrative or court proceedings of acts of the competent bodies tainted with illegality.
Pensions and Social Security
- Advice on the social security and pension legislation;
- Establishment of length of employment service and contributory length of service and income for previous years in in administrative or court proceedings;
- Legal representation before the National Insurance Institute, the National Income Agency and the court;
- Preparation of different types of applications, requests, notifications, opinions etc.
Representation before the bodies supervising the compliance with the employment and labour legislation
- Advice to the employee on the options for reporting to the competent bodies on infringement of her/his employment related rights;
- Compiling documents and evidences, under which dossiers on compliance with the employment and labour legislation are open;
- Filing requests, signals, complaints etc. with the supervising bodies.
Personal Taxes
Personal Income Taxes
- Advice on the types of non-taxable income;
- Advice on the amount and the order of obtaining tax relief;
- Consulting on the tax aspects upon transfer of rights or property and receiving rental income;
- Consulting upon transition from local business taxation to general taxation.
Taxation of the business activity of natural persons
- Determination of the annual tax base for business income as sole trader;
- Consulting on the business income of farmers;
- Consulting on the taxable business income of artists – performers and persons receiving royalty payments.
Taxation of the income of foreign persons
- Consulting foreign persons on the final tax levied on the income originating from a source in Bulgaria;
- Consulting on re-calculation of a final tax levied on income of foreign individuals from EU;
- Drafting requests to the National Revenue Agency for an issuance of a certificate of a tax paid by a foreign individual;
- Consulting on the application of tax treaties and international agreements with priority over the national legislation.
Tax rates and determination of the amount of the tax
- Consulting on the amounts of the tax rates depending on the type of taxable income;
- Tax treatment of the received amounts under saving life insurances;
- Consulting on the determination of the amount of the tax.
Declaration, levy and payment of taxes
- Consulting on filling-in the annual tax return, the deadlines for submission and furnishing with the necessary documents for submission to the supervising authorities;
- Consulting on alterations to the annual tax return in discovering mistakes in the data declared;
- Declaration of properties, acquired by heirs/legatees and re-calculation of the tax due;
- Consulting on the periods of time within which the person having acquired the income or the property shall pay the taxes;
- Submission of the declaration to the National Revenue Agency, incl. on-line.
Non-compliance with tax obligations
- Consulting on the penalty charges upon non-compliance with the tax obligations;
- Consulting on imposed administrative penalties;
- Submission of requests for rescheduling, deferral, write-off and relief of tax debts;
- Challenging the acts of the tax authorities in administrative and court proceedings.
Administrative Law
Proceedings before the administrative authorities
- Opinions and consultancy on the conclusion, amendment and the termination of an administrative contract;
- Consultancy on the effect and force of a concluded administrative contract where the rights and the statutory interests of a third party are infringed;
- Drafting of written agreements within the proceedings before the administrative authority;
- Legal representation in proceedings for challenging an administrative contract.
Individual administrative acts
- Consultancy on the proceedings for issuance of an individual administrative act;
- Drafting and submission of requests on behalf of private individuals and organizations concerning an initiation of proceedings for the issuance of an individual administrative act;
- Check of the current status of the dossier with the administrative authority, submission of opinions and written objections concerning the evidence materials taken.
General administrative acts
- Consulting private individuals and NGOs in the proceedings for issuance and appeal of a general administrative act;
- Participation in public discussions, advisory bodies and meetings on behalf of the persons concerned and their organizations;
- Participation in the proceedings for the issuance of a general administrative act on behalf of the persons concerned from a neighboring state.
Administrative and judicial appeal of administrative acts
- Challenging the lawfulness and/or appropriateness of individual and general administrative acts before the higher instance administrative authority;
- Participation in hearings before the authority competent to examine the complaint;
- Drafting requests for reopening of proceedings related to administrative acts having entered into force;
- Legal representation in proceedings for challenging administrative acts that are upheld by the higher instance administrative authority;
- Legal representation in collective claims for challenging administrative acts.
Suggestions and reports to administrative authorities
- Drafting written reports on behalf of individuals and organizations on abuse of power, corruption, bad management of state and municipal property and further actions or failures to act on the part of administrative authorities;
- Participation in the proceedings for examination of the report before the administrative authority – submission of additional documents, information and explanations;
- Drawing up suggestions to administrative authorities on behalf of individuals and organizations.
Defense against unreasonable actions and failures to act on the part of the administration
- Representation in proceedings before the administrative court for ceasing actions of an administrative authority or a public official;
- Representation in proceedings before the administrative court for challenging failures to act of an administrative authority pertaining to obligations, stemming directly from a legislative act;
- Drafting complaints and reports to the ombudsman against the operations of the state and municipal authorities and the administration of the judiciary.
General Data Protection Regulation (GDPR)
Preliminary analysis for compliance with the new GDPR requirements
- Provision of a questionnaire for a preliminary analysis of the current level of personal data protection in company’s activity;
- Assistance in answering the questions contained in the questionnaire to be precisely clarified the current status;
- Conduct of a personal meeting with representatives of the company to be analyzed the operation of the personal data processing;
- Analysis of the acquaintance of the employees with the personal data protection and identification of the need of a further training.
Report on the compliance with the GDPR-provisions
- Familiarization with the organizational structure of the enterprise and the units processing the personal data;
- Review of the flow of documents in the company;
- Establishment of the type, goals and scope of the processed personal data;
- Review of the existing technological measures and processes aimed at information and physical security;
- Identification and assessment of the risks in the personal data processing.
Set of model documents for application
- Policies;
- Procedures;
- Declarations;
- Applications;
- Agreements;
- Notifications etc.
Deployment of the new GDPR-systems
- Drawing up an action plan for adaptation of the client activity to the new requirements;
- Creation of a personal data protection team (determination of roles and duties of the team members);
- Provision of instructions for application and further dealing with the prepared model documents and forms;
- Creation of mechanisms for monitoring and reporting the implementation of the measures;
- Testing the created rules and prepared elaborations.
Current monitoring and updating
- Monitoring the amendments to the legal framework and adjustment of the prepared model documents and the information and technical measures deployed, where applicable;
- Discussing with the client eventual changes in the activity, making necessary amendments to the forms and model documents prepared, respectively implementation of said changes;
- Forwarding a monthly bulletin on the current practice of applying GDPR.
Personal Data Protection Officer
- Establishment of the need of obligatory designation of Personal Data Protection Officer;
- Support in selecting external or designating in-house expert – Personal Data Protection Officer;
- Drafting a contract for an external person or a job description for in-house officer;
- Provision of services as an external expert – Personal Data Protection Officer.
Liability for damages of the state and the municipalities
Liability of the administration for illegal activity
- Analysis of acts tainted with illegality, actions or failures to act of the administration;
- Checking up on the existence of grounds for bringing an action to the court;
- Study of the case-law in similar cases so as to determine the value of the claim;
- Drafting and compiling statements of claim and evidence materials;
- Litigation.
Liability of the law enforcement authorities for infringement of rights under the Convention for the Protection of the Human Rights and the Fundamental Freedoms
- Analysis of the acts tainted with illegality, actions of failures to act of the law enforcement authorities;
- Checking up on the existence of grounds for bringing an action to the court;
- Review of the practice of the European Court of Human Rights;
- Litigation.
Claiming accountability for actions of the Commission for Illegal Asset Forfeiture
- Checking the actions and protective measures taken by the Commission for Illegal Asset Forfeiture and analysis in terms of their conformity to law;
- Legal representation before the Commission for Illegal Asset Forfeiture after taking the protective measures. Lodging of contests and statements by the person undergoing investigation;
- Legal representation at the court stage of declaratory proceedings against the person undergoing investigation;
- Claims against the state by persons having suffered damages in result of acts tainted with illegality, actions or failures of acts of the Commission for Illegal Asset Forfeiture.
Applications against infringement of the right of hearing of the case and resolution within a reasonable period of time
- Analysis of the possibility and the grounds for lodging requests against acts, actions or failures to act of the judicial authorities where the right of hearing of the case and resolution within a reasonable period of time is infringed;
- Study of the case-law of the European Court of Human Rights so as to determinate the value of the compensation claimed;
- Preparation and compiling of the application to the Ministry of Justice;
- Signing an agreement for the payment of compensation on behalf and on account of the client.
- Litigation.
Claiming accountability from the judicial authorities for infringement of the right of hearing the case and resolution within a reasonable period of time
- Analysis of acts, actions or failures to act of judicial authorities where the right of a party of hearing the case and resolution within a reasonable period of time is infringed;
- Checking up on the existence of grounds for bringing an action to the court;
- Review of the practice of the European Court of Human Rights.
Defence before the European Court of Human Rights in Strasbourg
- Preliminary examination of the requirements as to admissibility and grounds of eventual complaint addressed to the European Court of Human Rights;
- Preparation of the complaint and compiling the evidence materials and attachments thereto;
- Defence and litigation before the European Court of Human Rights.
Consumer Law
Out-of-court and judicial solution to consumer disputes
- Review and analysis of the case, furnishing with the necessary and relevant evidence materials. Planning the necessary procedural actions;
- Preparation of statements of claim and respectively statements of defence in response to statements of claim submitted by the opposite party;
- Appeal of court rulings and orders, support in the enforcement procedures;
- Taking part in out-of-court negotiations with the trader for the purpose of rescheduling or relief of debts of consumers;
- Bringing of collective actions to the court in case of infringement of consumers’ rights.
- Litigation in all court instances.
Unfair commercial practices and unfair contract terms
- Consulting consumers in case of doubts concerning unfair, misleading and aggressive commercial practices;
- Assistance to and representation of consumers in administrative proceedings for establishment of unfair commercial practices;
- Analysis and advice on the existence of unfair terms in consumer contracts;
- Establishment of invalidity of unfair terms in court proceedings.
Safety and quality of goods and services. Warranty-based product liability claims
- Consulting consumers on product safety requirements envisaged by law;
- Drawing up complaints and reporting infringements to the supervising bodies with regard to the safety of the products and services and the activities pertaining to the safety supervision and control;
- Cancellation of contracts upon non-compliance with the delivery and handover terms;
- Opinion on the moment of transfer to the consumer of the risks of loss or damage of the products;
- Reclamations in a verbal and written form on behalf of the consumer upon non-conformity of the consumer product with the contract of sale;
- Claiming compensation on behalf of the consumer for harm suffered by the latter in result of non-conformity of the consumer product with the contract of sale.
Compensation for damages caused by defective products
- Claiming material and non-material damages caused by defective products;
- Conducting negotiations with the trader for the purpose of determination of a fair amount of the compensation;
- Legal representation in lawsuits involving compensation for damages caused by defective products.
Representation before the bodies supervising the compliance with the legislation relating to protection of the rights of the consumers
- Drawing up complaints, reports and suggestions to the supervising bodies concerning the infringements of consumer’s rights;
- Consulting on the practice of the Commission for Consumer Protection developed in the context of complaints, reports and suggestions having already been handled;
- Consulting on the supervising functions of the Commission for Consumer Protection and the criminal administrative provisions of the Consumer Protection Act.
Consulting the consumer upon signing, amendment and termination of a contract with a trader
- Preparation of statements of opinion prior to signing a contract with a trader for the purpose of protection of the consumer’s rights;
- Advice on compliance of signed contracts and the general terms and conditions applicable thereto with the relevant legislation;
- Consulting on changes in the contract and the general terms and conditions suggested by the Elucidating the potential risks for the consumer;
- Statements of opinion on the options of terminating a contract with a trader in preserving the interests of the consumer;
- Protection of consumer’s interests upon early termination of contract with a trader where penalties are charged;
- Consulting on entry into force and the termination of contracts negotiated away from business premises and distance contracts.
Compensations upon cancelled or delayed flights
Preliminary survey on the occurrence of a right of compensation
- Collection of information on the circumstances, in which the flight was cancelled or delayed;
- Review of all necessary documents provided by the client;
- Measurement of the distance from the point of departure and the final point of destination by the great circle route method;
- Conclusion, whether the case falls within the scope of application of Regulation (EC) No. 261/2004, and whether the client has a right of compensation.
Forwarding of out-of-court demand for a voluntary payment of compensation
- Signing an agreement on legal support and litigation;
- Drawing up a power of attorney to be conferred on the lawyer(s);
- Forwarding a demand for payment in an electronic and/or written way to the air carrier;
- Negotiating in the event of response on the part of the air carrier, discussion with the client of the compensations proposed.
Preparation of a legal claim
- Requesting further information from the respective airport authorities;
- Reporting to the Directorate General “Civil Aviation Administration” on sanctions to be imposed in case of established violations of the air carrier;
- If necessary, translation and legalization of documents.
Bringing an action before the competent Bulgarian court
- Check in terms of jurisdiction ratione loci under Regulation (EC) No.261/2004 and Civil Procedure of Code;
- Drawing up and filing a legal claim against the air carrier;
- Lodging the respective offers of evidence, hearing and acceptance of expert reports and witness statements;
- Participation in and representation at public court hearings;
- Enquiries on the progress of the lawsuit;
- Obtaining a title of execution.
Initiation of compulsory execution proceedings
- Appointment of a bailiff having the relevant competence;
- Establishing the financial standing of the air carrier;
- Enforcement actions, including distraint on accounts receivable onto bank accounts, injunction on real property etc.
- Actions aimed at finalization of the compulsory execution proceedings.
Organization of the payment of the compensation to the passenger
- Negotiating the manner of receiving the amount awarded;
- Organization of payment of the due compensation to the client.
Family Law
Pecuniary relations between spouses
- Advice on diverse matrimonial property regimes;
- Drafting marriage contracts and entry into the relevant registers;
- Obtaining information on registered marriage contracts from the Matrimonial Property Relations Register with the Registry Agency;
- Amendments to marriage contracts during the marriage, transition to another matrimonial property regime;
- Termination of marriage contracts.
Adjudication of family disputes and dissolution of marriage
- Challenging by way of action the acts of exercising a right in rem in a joint immovable property by any of the spouses;
- Termination by way of action of a matrimonial property regime during the marriage;
- Cancellation of marriage contracts in court;
- Divorce litigation.
Rights of custody
- Drafting agreements relating to the place where the children should live, exercising the rights of custody, personal relations and maintenance, use of the family home etc.;
- Legal representation in lawsuits involving exercising rights of custody, maintenance, restriction and withdrawal of custody;
- Drafting documents for the travel of a child abroad.
Adoption of a child
- Advice on the statutory requirements and conditions for adopting a child;
- Drawing up applications for adoption and submission to the competent authorities;
- Lodging objections to refusals of entry into the National Register of Adopting Parents under the Conditions of Full Adoption;
- Appeal of court rulings on adoption permission/withdrawal;
- Assistance in international adoption procedures.
Guardianship and curatorship
- Advice on creation of guardianship of minor children and persons placed under judicial disability excluding any capacity to act;
- Advice on the creation of curatorship of minor children and persons placed under judicial disability restricting the capacity to act;
- Preparation of notifications to the guardianship and curatorship authority and the Social Support Department;
- Challenging the actions of the guardianship and curatorship authority;
- Consulting on the rights and obligations of the guardian and the curator.
Administration and disposition of property owned by a child
- Advice on the rights and the obligations of the parents upon the administration and the disposition of property owned by a child;
- Proceedings for requesting the admission of disposition of property owned by a child;
- Proceedings for requesting the admission of pledge or mortgage on property owned by a child.