Seeking a declaration that another party has no title or other right in rem

Anyone with a legal interest may bring an action to establish that a legal relationship or right does or does not exist. Under Article 124(1) of the Bulgarian Code of Civil Procedure, a claimant has a legal interest in seeking a declaration that the defendant has no title or other right in rem if the claimant holds an independent right that is disputed, relies on a factual situation, or could acquire rights if the defendant’s rights are disproved (Supreme Court of Cassation, General Assembly of the Civil and Commercial Divisions, Interpretative Ruling No. 8 of 27 November 2013 in interpretative case No. 8/2012).

The Supreme Court of Cassation has consistently held that a claimant who maintains that they own the disputed property has a legal interest in a negative declaration of ownership, as do parties asserting competing rights over the same property. Under the principle that the parties determine the scope of civil proceedings, the claimant chooses the extent and intensity of the protection sought. A judgment conclusively denying the defendant’s asserted right in rem protects the claimant’s substantive right affected by the dispute. That protection establishes the legal interest in the negative declaratory action. In such cases, proof that the disputed right belongs to the claimant is a question of substantive entitlement, not procedural standing. Identifying the holder determines the merits: establishing the claimant’s ownership excludes the defendant’s ownership of the same property. See Judgments No. 13 of 12 March 2016 in civil case No. 3637/2015, No. 52 of 19 June 2018 in civil case No. 2154/2017 and No. 68 of 24 July 2018 in civil case No. 2767/2017, all of the Second Civil Division. Proceedings will be discontinued for failure to prove the facts supporting the claimant’s legal interest only if that interest rests on the assertion that the claimant holds an independent right distinct from the right in dispute.

This article does not constitute a legal opinion or advice concerning a particular situation or person. The author does not claim to cover negative declaratory actions exhaustively. For assistance with a similar case, consult a lawyer who practises civil law.