In civil relationships, carelessness or other circumstances can cause harm to one party to a contract. For example, a person who entrusted work to another may be jointly and severally liable alongside the person who actually caused the harm. The injured party may claim compensation from either the direct wrongdoer or the person answerable for them. If the action succeeds, the injured party obtains a writ of execution under which the wrongdoer and the person who assigned the work are jointly and severally liable. The injured party can thus pursue either of them. A debtor who pays may subsequently have a legal interest in bringing a separate action against the debtor who did not pay to recover the payment made. This is how the person who assigned the work exercises the right of recourse under Article 54 of the Obligations and Contracts Act after compensating the injured party for harm caused by someone for whom they are responsible. They must substantiate the claim with documentary evidence of payment to the injured party. The direct wrongdoer may, however, dispute liability for the whole amount. This can arise where several people caused the harm: although the person who assigned the work has compensated the injured party, the recourse claim concerns several people whose combined acts caused the loss. On the analysis set out here, the person who assigned the work should bring an action to establish that others also culpably contributed to the harm. The issue for determination is whether the full amount paid is owed back to that person by the particular defendant.<\/p>\n
If you have a question about contributions to harm in a road traffic accident, an accident at work or another incident, consult a lawyer to learn what options Bulgarian law provides.<\/p>\n
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