Understanding the Revindicatory Claim in Bulgarian Property Law

This article explores the revindicatory claim’s definition, its legal framework, and its key steps in Bulgarian law, providing insight for property owners who may need to defend their rights.

Legal Consultation on Revindicatory Claims in Bulgarian Property Law

In Bulgarian law, the "revindicatory claim" (ревандикационен иск) is a powerful legal mechanism that enables property owners to reclaim their property from someone unlawfully in possession of it. This claim is vital in protecting property rights, ensuring that rightful owners can seek legal recourse if someone else unjustly occupies their property.

Understanding Unlawful Possession in Revindicatory Claims

​What is a Revindicatory Claim?

A revindicatory claim is a legal claim used to restore possession of property to its rightful owner. In Bulgarian law, this type of claim is often filed in cases where the rightful property owner has lost possession, but ownership remains legally recognized. It is rooted in the principle of protecting property rights, allowing owners to demand the return of their property from someone who is unlawfully occupying or using it.
The revindicatory claim is only applicable when two key conditions are met:

1. Ownership is proven by the plaintiff (property owner).
2. Possession is held unlawfully by the defendant (current possessor).

​Legal Grounds for Revindicatory Claims in Bulgaria

The right to file a revindicatory claim is grounded in the Bulgarian Property Act. According to Article 108, any individual with legal ownership of a property has the right to file this claim to regain possession from an unlawful holder. Bulgarian law views property rights as absolute, meaning that only the rightful owner holds full authority over the property.
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While straightforward in theory, revindicatory claims require substantial proof of ownership, as well as evidence that the current possessor lacks a legal basis to occupy the property. Without this, the claim may not succeed in court.

Lawyer Preparing a Revindicatory Claim in Bulgaria

Proving Ownership in a Revindicatory Claim

To succeed with a revindicatory claim, the plaintiff must demonstrate ownership of the property in question. This usually involves submitting official documents that prove legal ownership, such as property deeds, inheritance certificates, or other notarial acts. Ownership can be challenged by the defendant, so having clear, undisputed documentation strengthens the claim.
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In addition to ownership documents, past possession records, tax receipts, and municipal records can serve as supplementary proof, particularly when ownership records are complex or disputed. Bulgarian courts require convincing evidence, so property owners should ensure all documentation is accurate and up-to-date before proceeding.

Bulgarian Courthouse for Filing Revindicatory Property Claims

Unlawful Possession by the Defendant

A revindicatory claim’s success depends on proving that the current possessor is unlawfully occupying the property. Unlawful possession refers to any occupancy or usage of the property without the owner’s consent or legal right. Common scenarios include:
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• Tenants overstaying without permission
• Occupants with no legal claim to the property
• Unlawful encroachments or constructions on the property

In each case, the owner must demonstrate that the possessor lacks a valid lease, ownership rights, or other contractual basis for possession. Bulgarian law does not recognize adverse possession claims based solely on long-term occupation without the owner's knowledge.

Court Proceedings in a Revindicatory Property Dispute

The Process of Filing a Revindicatory Claim

Filing a revindicatory claim in Bulgaria is a structured legal process involving several stages:

1. Consultation with a Lawyer: Property owners should consult with a legal professional specializing in property law to assess the claim's viability. The lawyer will review ownership documents, gather evidence, and advise on the chances of success.
   
2. Preparing the Claim: The lawyer drafts the claim, outlining the basis for ownership, evidence of unlawful possession, and the specific demands for the property’s return.
   
3. Filing the Claim in Court: The claim is submitted to the relevant court, where it is reviewed for compliance with legal standards. The court may ask for additional documentation or clarification.
   
4. Court Proceedings and Decision: Both parties present their evidence, and the court deliberates on the validity of the claim. A decision is made based on the strength of evidence and legal arguments.
   
5. Enforcement of the Decision: If the court rules in favor of the plaintiff, the defendant must vacate the property. Enforcement is carried out by bailiffs, who ensure the rightful owner regains possession.
   

Enforcement of a Court Decision on Property Ownership in Bulgaria

Defense Against a Revindicatory Claim

For defendants in a revindicatory claim, several defenses can challenge the plaintiff's claim. The most common defenses include:
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1. Challenging Ownership: If the defendant can prove ownership or a legal basis for possession, the claim will not succeed.
2. Demonstrating Consent or Contractual Rights: Showing evidence of an agreement, lease, or other form of consent from the owner can invalidate the claim.
3. Proving Prescriptive Rights: In rare cases, defendants may assert prescriptive rights if they can demonstrate legal occupancy over a long period.

Defendants should gather their documentation and consult a lawyer to ensure a solid defense if they believe the revindicatory claim is unfounded.

Legal Evidence in Revindicatory Claims: Property Documents in Bulgaria

Conclusion

A revindicatory claim is an essential tool in Bulgarian property law for protecting ownership rights. It offers legal recourse for property owners whose rights have been infringed upon by unlawful possession. However, the process can be complex, requiring clear evidence and a structured approach to prove both ownership and unlawful possession. If you need assistance with a revindicatory claim or have questions about property rights in Bulgaria, you can consult with Kostadinova Law Firm online or in person at our office in Nessebar. Reach out to us at pravo.network for professional legal assistance.

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