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Everyone concludes at least one insurance contract in their lifetime – to protect their home, car, or life, or to ensure coverage of health expenses when traveling abroad. Most people are familiar with the main characteristics of the insurance contract – it is concluded in writing, most often in the form of an insurance policy, the general terms and conditions of the insurer apply to it, the policyholder has obligations to declare certain circumstances (the so called circumstances affecting the risk) and to pay a premium. In their turn, the insurer has one main obligation – to pay indemnity upon occurrence.
The wording of Article 453, item 1 of the Civil Procedure Code (CPC) before its amendment by the Act for Amendment and Supplement to the Civil Procedure Code (promulgated by SG No. 86 of 2017) regulated the enforceability of transfer and establishment of property rights against creditors with registered foreclosure. However, uncertainties arose in its application when there is a competition between the rights of a creditor with a registered foreclosure and the rights of persons with rights other than rights in rem (mostly tenants and lessees with registered lease or rental agreements). * This publication is in Bulgarian.
*The article is in Bulgarian.