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Bulgarian property and a party abroad: which country’s courts decide?

International jurisdiction depends on the claim: Bulgarian property rights, contractual payments and succession do not automatically share one regime.

Kalchev Law FirmA law firm publication
1 min readPublished: Legal review pending

The essentials

  • The claim’s subject determines the analysis.
  • A contract cannot displace exclusive property jurisdiction.
  • Jurisdiction and applicable law are different questions.

The presence of Bulgarian property does not mean every related dispute must be heard in Bulgaria. First identify the precise relief sought and the international instrument governing jurisdiction.

Property-right claims have a special rule

Within Regulation 1215/2012’s scope, Article 24 gives exclusive jurisdiction to the courts where the land is located for proceedings concerning rights in rem over immovable property. A foreign-court clause cannot displace that exclusive jurisdiction. The actual subject of the claim matters, not simply the mention of a notarial deed.

The Regulation also places tenancies within the special rule, but permits a limited exception for temporary private use lasting no more than six consecutive months where its tenant and domicile conditions are met. The particular tenancy must therefore be examined.

A monetary claim is not necessarily a property-right claim

A demand for repayment or contractual damages may follow general or special contractual jurisdiction rather than automatically falling within Article 24. Check the defendant’s domicile, place of performance, any valid court agreement and applicable consumer rules.

Succession, matrimonial property and insolvency are excluded from this Regulation and require separate examination. International jurisdiction is also distinct from the substantive law governing the dispute. Before filing, assemble contracts, addresses, the precise claim and information about existing proceedings to avoid an inadmissible case and unnecessary costs.

Practical guidance

What to do, step by step

01 / 03

Define the claim

Do not start only with the property address.

  • Identify the right or payment sought.
  • Separate contract, property and succession issues.
02 / 03

Check the international regime

Countries and subject matter both matter.

  • Establish domicile and the applicable instrument.
  • Review court clauses and special protections.
03 / 03

Prepare proceedings

Account for existing litigation too.

  • Collect contracts and service information.
  • Determine jurisdiction before filing.

Discuss this legal issue with our firm

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This article is for general information only. It does not constitute or replace individual legal advice.