A diagnosis alone does not invalidate a sale. Capacity at signing, Article 31 and restrictions after death must be examined.
Where an owner who formally has legal capacity could not understand or control their actions when signing, Article 31 of Bulgaria's Obligations and Contracts Act provides for voidability. The Supreme Court confirms that this includes a lasting inability. Duration alone does not turn the contract into an automatically void transaction.
Age, diagnosis or later deterioration does not by itself prove the person's condition on that date. Medical records, a chronology, evidence of actual behaviour and appropriate expert assessment in the proceedings matter. The notary's examination is relevant but does not exclude judicial review.
Article 31(2) prevents an avoidance claim after death unless proceedings for interdiction were requested beforehand or evidence of the incapacity arises from the contract itself. Heirs do not gain an unlimited right to challenge every disadvantageous transaction made by a deceased parent.
The three-year limitation under Article 32 also requires assessment. Do not relabel the ground “absence of consent” merely to avoid a deadline or evidential requirement. If the person had already been placed under interdiction, the legal analysis differs from factual inability affecting a formally capable person.
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This article is for general information only. It does not constitute or replace individual legal advice.