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Recovering money and possession after an invalid Bulgarian property transaction

Invalidity and recovery are related but separate tasks. Actual payment, possession and additional claims need evidence.

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

The essentials

  • An invalidity claim does not replace every recovery claim.
  • Price, expenses and improvements may have different legal bases.
  • Monetary claims are not automatically unlimited in time.

When a contract is declared void or avoided, Article 34 of Bulgaria's Obligations and Contracts Act requires each party to return what they received from the other. A judgment addressing invalidity alone does not necessarily include an enforceable order for the particular sum paid. The relief sought must match the intended result.

Prove what was actually received

Distinguish the agreed price, actual payments and transfers to third parties. Bank records, receipts and statements in the notarial deed must be assessed together. Notarial charges, taxes, repairs and borrowing costs are not automatically added to the price under one legal basis; each requires its own assessment.

Address the property as well as the money

Who possesses the home, and are there improvements, income or subsequent acquirers? These matters can produce counterclaims and affect actual recovery. Do not retake possession yourself merely because you consider the contract invalid.

Monetary restitution claims have their own limitation rules. Commencement differs between an absence of legal basis from the outset and a basis which falls away later. An available nullity argument does not make every repayment claim timeless. A negotiated settlement should specify the amounts, property, deadlines and any mutual releases precisely.

Practical guidance

What to do, step by step

01 / 03

Prepare a payment schedule

Show what was actually received.

  • Record amount, date, recipient and basis.
  • Attach transfers and receipts.
02 / 03

Check countervailing claims

The property may generate further accounts.

  • Document handover and current occupation.
  • Separate improvements and income received.
03 / 03

Define enforceable relief

Do not leave recovery implicit.

  • Check limitation for each monetary claim.
  • Identify precisely what must be returned and by whom.

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