Civil, Civil Procedure, Criminal, Criminal Procedures, Contract, Family, Inheritance, Property, Rom

Civil, Civil Procedure, Criminal, Criminal Procedures, Contract, Family, Inheritance, Property, Roman private, commercial, tax, financial, employment, social security, constitutional, General Theory of Law, Banking, Insurance, European, notary, History of the Bulgarian State and right
TOPIC 1 The contract is not subject to explicit rules and therefore is defined as an unnamed contract. It is concluded on the basis of Art. 9 CPA, not contrary to law or morality, has important social functions, set of practice and therefore is widely used in it. The contract is bilateral, gratuitous transferor, formal (notarial form), aleatoric, continuing obligations. Maintenance obligations and care must be performed not occasionally, but every day, directly and continuously - Dr. 633 d from 1.7.2002 on case 944/2001 II, the GO - SCC - Bulle. SCC d 5/2002, p. 31-31.Po to it, the general rules of the ADA expressly outstanding contract issues. Subject to the obligations of both parties are determined only by the contract. Seller shall transfer the property right - the right to property, the right to work or establish a right to work, right to use the opposite side, and she in turn giving due allowance in kind instead of money. The transferee of the property according to the Supreme court to the recipient of such support as is consistent with all the needs of the transferor - Dr. 653 of 8.7.2002 on case 295/2002 г "II CCC - Bulle. foam fest 2012 SCC, 5/2002, p. 32-33. To conclude this contract is not necessary transferor is unable to work due to age or illness. The need for care and maintenance not determine the validity of the contract. It is aleatoric and obligation of the purchaser foam fest 2012 of the property may become due after the conclusion of the contract. On the other hand advanced age or illness of transferor to indicate the transience of future care and maintenance that will make the acquirer, does not affect the validity of the contract, unless it was obvious at the time of its conclusion that the transferor dies - then the contract is void for lack of basis - Dr. 660 / 26.09.2000 on case 1080/1999, I GO published in Coll. Jurisprudence of SCC. GK, 2000, p. 91 contract is a special type, it is defined as Qm epesh. With its conclusion occurs translativniyat effect, ie transition of ownership or limited rights in rem over the property foam fest 2012 by the transferor to the transferee. So transferor fulfills foam fest 2012 its obligation at the time of conclusion of the contract and he could not be responsible for failure - unless the owner or carrier of a right. However, foam fest 2012 the acquirer has yet to fulfill its obligation. In fact it may be defaulting party and that give rise to the transferor to seek rescission of the contract. The difference between the purchase and the contract is subject to the obligation of the buyer - the purchase and sale buyer recipient of money, and if that contract is not due to monetary and genuine consideration - dependent care, daily care activities. There is freedom to agree on the subject of the obligation of the counterparty, but it needs to be explicitly described in the contract. In the case it is assumed that the transferee of the property due to only what is stated in the contract as his duty - watching, providing food, cleaning, service vendor. Therefore, the seller may not require anything other than what was agreed - eg. can not ask for money instead of care. Therefore, subject to the obligation of the acquirer-The reader is not in! AGE and Gasege. The contract may be signed by more than one person. For example, two are assignees of the property or two or more persons foam fest 2012 undertake maintenance and viewing. In these cases it may be active or passive solidarity - so TP 30/81 - OSGK. Assignees if more than one occurs according foam fest 2012 to former Supreme active solidarity and the obligation to care and maintenance is not performed to one of those persons may be requested rescission of the whole contract. When a property is transferred to two or more persons, the commitment is inseparable because the intention of the contracting parties, while indivisible obligation arises several liability - Article foam fest 2012 129, para. 2 LOC. There may be concluded several contracts for transfer of property against liability for maintenance and viewing. SCC expressly acknowledges that "subsequent agreement to transfer property against liability for maintenance foam fest 2012 and care is an object" - Dr. 465 / 30.05.2001 on case 1090/2000, the GO II, published in Coll. "Judicial practice of the SCC. GK ", 2001, p. 137 As just expresses court