Article 403(1) of the Bulgarian Code of Civil Procedure imposes a specific form of strict liability in tort on the person who obtained an interim measure where that measure caused loss to the person against whom it was ordered. The defendant may claim compensation from the claimant for damage caused by the measure. Article 403(1) identifies three separate circumstances in which securing a claim unjustifiably interferes with the defendant\u2019s rights: the secured claim is dismissed on its merits; the proceedings on that claim are discontinued; or the prospective claim is not brought within the time allowed by the court.<\/p>\n
Article 403(1) is a special rule in relation to the general tort provision in Article 45(1) of the Obligations and Contracts Act. The general rule also applies to harm caused by exercising procedural rights in civil cases in bad faith or contrary to good morals, within the meaning of Article 3 of the Code. The special rule cannot be interpreted expansively. Under the binding guidance in point 6 of Interpretative Decision No. 6 of 14.03.2014 in interpretative case No. 6\/2013 of the Joint General Assembly of the Civil and Commercial Chambers of the Supreme Court of Cassation, anyone whose rights are affected by an interim measure may seek protection against it. That right must be distinguished from the right to damages: under the wording of Article 403(1) discussed here, a person who was not the defendant to the secured claim cannot invoke this specific strict liability merely because their movable property was attached or a restraint was registered against their real property without justification.<\/p>\n
This article does not provide a legal opinion or advice about any particular person or situation. For legal assistance in an individual case, consult a lawyer. If your case concerns an interim measure that has been granted, seek professional advice from a lawyer.
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