Правнорелевантни и доказателствени факти при ограниченото въззивно обжалване по Гражданския процесуален кодекс

Автори:
Страници: 31-36
DOI: https://doi.org/10.54664/PDGT7338

Резюме:

The article analyzes the concepts of legally relevant facts and evidentiary facts. A principled distinction of these concepts is made, and their scope in civil litigation in general is determined. The paper focuses on their significance in the context of the peculiarities of the limited appeal of first instance judgments under the current Bulgarian Code of Civil Procedure, which came into force on 1 March 2008. The conclusion is reached that, while regarding the legally relevant facts, the activity of the appellate court is subject to the principle of legality; for evidentiary facts, the rule of Art. 269, Sentence 2 of the Code applies, according to which the appellate court is limited by the complaints raised in the appeal or the reply for procedural violations committed by the first instance or for unreasonableness of the factual conclusions underlying the first instance decision.

Ключови думи:

legally relevant facts; evidentiary facts; limited appeal; principle of legality.

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