Disable Preloader

Legal judicial representation

Legal judicial representation services in Sofia, Plovdiv, Stara Zagora

Legal judicial representation

The Property Act regulates several civil claims for protection of property rights. The first claim is under Art. 108 of the Property Act (CA) and is called in theory and practice a restitution claim. Under this claim, the owner can claim his property from any person who owns or holds it, without any grounds for it. This claim shall not be extinguished. The respect of the claim under Art. 108 of the Insurance Act is a convicting decision, which has not only the force of an adjudicated thing, but also executive force. With the decision the court ordered the defendant to transfer the possession and cede the property. A writ of execution is issued on the basis of this decision. Depending on the nature of the infringements, the owner may resort to various negative claims for protection. Therefore, the claims by which the owner of a property seeks to establish his right of ownership over the property, as well as the fact that the defendant does not have the claimed real right over the property, are negative. It may also be requested that the defendant be sentenced to cease certain actions against the property or to remove and remove the already created conditions in the same property and thus restore its previous condition.


In Art. 109a of the Land Act, a specific claim for protection of the right to property is also settled - a claim for determination of boundaries. This claim has as its object only real estate. It is exercised when there is uncertainty about the boundaries between real estate. The practice accepts that the claim is not applicable to real estate whose boundaries are defined by a detailed development plan, as a result of which these properties have acquired the status of regulated land. Pursuant to this claim, the boundaries are determined only between neighboring properties.


In addition to these claims, any person may file a declaratory claim for ownership under Art. 124 of the Civil Procedure Code in order to restore his right when it is violated, or to establish the existence or non-existence of a legal relationship or a right when there is an interest in it. The decision rendered on such a claim shall have the force of res judicata only. The legal interest is relatively limited. By definition, this action seeks to establish a right. The case law accepts that with the establishing claim for ownership the acquisition prescription may be interrupted by virtue of art. 116 of the CPA and thus the owner to protect his rights.