Discussion Matters of the Warrant Procedure Relating to the Amendments and Additions in the Code of Civil Procedure (SG. Issue 100 of 20.12.2019)

Authors:

Pages: 47-62
DOI: https://doi.org/10.54664/QXAY4209

Abstract:

The article focuses on some of the amendments and addition to the Civil Procedural Code, promulgated in SG. 100 of 2019, which cover the subject of the warrant procedure. On the basis of the accumulated theoretical studies on the essence and particularities of the warrant procedure is made an analysis of these amendments and additions and their possible manifestation in practice. It is accepted that part of the changes are an expression of the idea of synchronizing the procedural system with the requirements of the European Union for enhanced protection of consumer rights – introduction of a new character of the ex-officio principle, expressed in the official control of the existence of unfair terms in a contract concluded with a consumer, a new grounds for rejecting an application for an enforcement warrant and grounds for suspending execution, etc. Despite the social focus of the accepted changes in the warrant procedure, they raise a number of debating issues that may warrant controversial practice

Keywords:

consumer, ex-officio principle, civil procedure, warrant procedure, amendments and additions, enforcement warrant, unfair terms.

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