How the Bulgarian court allowed the issue of restoration of the preserved part of heritage


According to the court the right to request reduction of testamentary disposition or donation in order to restore the preserved part is a personal right that can be exercised only by the holder or his heirs. The case law is very clear that the reduction of testamentary disposition shall be allowed only if expressly requested it and to the extent necessary to restore the preserved part of heir requested it. The judges are of the opinion that the issue of establishing the volume of such heritage is to assess the specific evidence in the case, each party must prove its allegations. If the partition property can not be returned to the heritage restoration of the reserved portion can also be worthwhile. The court was adamant that wants repayment of the total five-year limitation period under Art. 110 CPA, which, regardless of whether it is brought into production or partition alone outside, run from the opening of succession.

 



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How the Bulgarian court allowed the issue of restoration of the preserved part of heritage How the Bulgarian court allowed the issue of restoration of the preserved part of heritage