Information
Bulgarian legislation
Provisions from Bulgarian legal acts related to the signingof the preliminary sales contract
LAW OF OBLIGATIONS AND CONTRACTS
Incl. the denomination of 5 July 1999
Corr. SG. 2/3 Jan 1950, prom. SG. 275/22 Nov 1950, amend. SG. 69/28 Aug 1951, amend. SG. 92/7 Nov 1952, amend. SG. 85/1 Nov 1963, amend. SG. 27/3 Apr 1973, amend. SG. 16/25 Feb 1977, amend. SG. 28/9 Apr 1982, amend. SG. 30/13 Apr 1990, amend. SG. 12/12 Feb 1993, amend. SG. 56/29 Jun 1993, amend. SG. 83/1 Oct 1996, amend. SG. 104/6 Dec 1996, amend. SG. 83/21 Sep 1999, amend. SG. 103/30 Nov 1999, amend. SG. 34 25 Apr 2000., suppl. SG. 19 28 Feb 2003., amend. SG. 42 17 May 2005., amend. SG. 43 20 May 2005., amend. SG. 36 2 May 2006., amend. SG. 59 20 Jul 2007., amend. SG. 92 13 Nov 2007., amend. SG. 50/30 May 2008
Art. 19. The preliminary contract preceding the conclusion of the final contract that a notarial deed or notarial certification is required for shall be concluded in writing.
The preliminary contract shall contain provisions concerning the material terms of the final contract.
Either party to the preliminary contract is entitled to bring an action for conclusion of the final contract. In this case the contract shall be deemed concluded as of the moment the ruling of the court takes effect.
ORDINANCE № 3 OF JULY 31, 2003 FOR COMPILING OF ACTS AND RECORDS DURING THE CONSTRUCTION
MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS
Prom. SG. 72 15 Aug 2003., amend. SG. 37 4 May 2004., amend. SG. 29/7 Apr 2006
Art. 7 par. 3, 15. fact finding act for establishing of the fitness for accepting of the construction (part, stage of it) (appendix No 15) – compiled pursuant art. 176, para 1 of LSP by the assignor the designers of all parts of the design, the constructor, the person, exercising construction supervision and the technically competent individuals with him, exercised technical supervision for the respective parts, or the technical manager for the constructions of fifth category; this act shall be basis for compiling of ultimate report by the person, exercising construction supervision; with this act is implemented the delivery of the construction and the construction documentation by the constructor to the assignor; the act shall contain:
a) description of the contracts for fulfilment of the construction, the construction papers, the executive documentation and the compiled acts and records during the construction, the documentation from the construction dossier of the site (acts, records, diaries, declarations for compliance of the input construction products and other documents, required under respective normative act), as well as these for conducted trials, measurements etc., proving the correctness of the fulfilment, etc.;
b) the data from the inspection on the place and the ambient space (whether it has been restored as it was at the opening of the construction plot), including description of the construction and of the not implemented, unfinished or badly implemented works, which should be removed till the submitting of request for issuing of permission for use (certificate for entering into exploitation), about which a fact finding record shall be compiled, etc.;
c) proofs that the construction has been fulfilled according to the approved investment designs, the certified executive documentation, the requirements to the constructions under art. 169, para 1 and 2 of LSP and the conditions of the concluded contract, on the basis of which the compilers establish the fitness of the construction for accepting, the part or the stage of it;
What acts № 14, № 15 and № 16 mean?
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Акт № 14 – act for accepting of the construction (appendix No 14) – compiled by the designer – constructor, the constructor, the technically competent individual for part "Construction" of the person, exercising construction supervision, contains findings about the compliance of the construction with the design on the basis of data from the compiled previous documentation (diaries of the construction – concrete, mounting etc., according to the rules for fulfilment of the respective kind of construction and mounting works, the documents, certifying compliance of the input construction products with the essential requirements to the constructions etc., proving the fitness for use observing the essential requirements to the constructions) according to the acting normative provisions for accepting, implementing and control of the separate kinds of construction and mounting works, assessment for existence of defects, the possibility for removing them and conclusion for accepting of the construction achieving the requirements of art. 169, para 1 and 2 of LSP;
Акт № 15 – fact finding act for establishing of the fitness for accepting of the construction (part, stage of it) (appendix No 15) – compiled pursuant art. 176, para 1 of LSP by the assignor the designers of all parts of the design, the constructor, the person, exercising construction supervision and the technically competent individuals with him, exercised technical supervision for the respective parts, or the technical manager for the constructions of fifth category; this act shall be basis for compiling of ultimate report by the person, exercising construction supervision; with this act is implemented the delivery of the construction and the construction documentation by the constructor to the assignor; the act shall contain:
a) description of the contracts for fulfilment of the construction, the construction papers, the executive documentation and the compiled acts and records during the construction, the documentation from the construction dossier of the site (acts, records, diaries, declarations for compliance of the input construction products and other documents, required under respective normative act), as well as these for conducted trials, measurements etc., proving the correctness of the fulfilment, etc.;
b) the data from the inspection on the place and the ambient space (whether it has been restored as it was at the opening of the construction plot), including description of the construction and of the not implemented, unfinished or badly implemented works, which should be removed till the submitting of request for issuing of permission for use (certificate for entering into exploitation), about which a fact finding record shall be compiled, etc.;
c) proofs that the construction has been fulfilled according to the approved investment designs, the certified executive documentation, the requirements to the constructions under art. 169, para 1 and 2 of LSP and the conditions of the concluded contract, on the basis of which the compilers establish the fitness of the construction for accepting, the part or the stage of it;
Акт № 16 - record for establishing of the fitness for use of the construction (appendix No 16) – compiled by the persons, determined by the chief of SNCC or by a person, authorised by him with the order for appointing of State approval commission by the order of Ordinance No 2 of 2003 for permitting the use of the constructions in the Republic of Bulgaria and minimum guarantee terms for fulfilled construction and mounting works, facilities and construction sites, for the constructions for which such is obligatory;
Appendix № 15 of art. 7, para 3, item 15
(Model 15) |
| Construction: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
| Location: .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
| Assignor: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| Consultant (construction supervision): .. .. .. .. .. .. .. .. .. . |
| Constructor: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| Designer: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
FACT FINDING ACT |
for establishing of the fitness for accepting of the construction |
(part, stage of it) |
| Today, . .. .. .. .. year, representatives of: |
| А. THE ASSIGNOR: |
| 1. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (the three names or firm registration) |
| 2. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (the three names) |
| B. THE DESIGNERS (of all parts): .. .. .. .. .. .. .. .. .. |
| (the three names or firm registration) |
| C. THE CONSTRUCTOR: |
| 1. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (the three names or firm registration) |
| 2. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| 2.1. Of part: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
| (the three names or firm registration) |
| 2.2. Of part: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
| (the three names or firm registration) |
| D. THE CONSULTANT (THE CONSTRUCTION SUPERVISION): |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (the person, exercising construction supervision - firm registration, |
| the three names and the technically competent |
| individuals for all parts - the three names) |
| Met at the construction in order to establish the status and its |
| readiness for entering in exploitation. |
| After we inspected: |
| 1. The permission for construction № .. .. .. .. from .. .. .. .. year, |
| issued by .. .. .. .. .. .. .. .. .. .. of municipality (district) |
| .. .. .. .. .. .. .. .., and/or act for legalising № .. .. .. |
| from .. .. .. year of municipality (district) .. .. .. .. .. .. .. .. .. .. |
| 2. The approved on .. .. .. .. .. .. . by .. .. .. .. .. .. .. |
| designs and the executive documentation .. .. .. .. .. .. .. .. |
| 3. The contract (contracts) for construction and the annexes to it |
| (them): .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| and after the detailed review of the construction documentation and inspection of |
| the |
| construction (part, stage of it) |
| WE ESTABLISHED: |
| 1. About the issued construction papers and the construction |
| documentation: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (given are in brief the results of the review of the |
| technical documentation: designs, executive documentation, |
| acts and records, compiled during the construction, |
| diaries, declarations for compliance of the |
| input construction products, trials and measurements, |
| proving the correctness of the fulfilment, etc.) |
| 2. About the fulfilment of the construction: .. .. .. .. .. .. .. .. .. .. |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (pointed out are the results of the implemented inspection on the place |
| of the fulfilled construction according to the concluded contracts and the |
| designs, described is the construction and fulfilled, unfinished or |
| not well implemented works, which till the submitting of |
| request for issuing of permission for use (certificate for entering |
| in exploitation) should be removed) |
| 3. About the status of the construction site: .. .. .. .. .. . |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (described is the status of the construction site - |
| whether the buildings and the structures of the |
| temporary construction are removed and the waste transported out) |
| 4. About the status of the ambient space: .. .. .. .. .. . |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| (described is the status of the ambient space - |
| the neighbouring landed properties, terrains, conduits, facilities; |
| curbs, sidewalks, covers, pylons, green areas, |
| decorative trees, fences etc.; and conclusion is given |
| whether the ambient space is restored to the status |
| at opening of the construction site and the pointed out |
| public works funds, whether they are restored or improved) |
| On the basis of the above |
| WE DECIDED: |
| 1. We accept that the construction has been fulfilled according to the approved |
| investment designs, the certified executive documentation, the |
| requirements to the constructions under art. 169, para 1 and 2 of LSP, the |
| conditions of the contract (contracts) for construction and the respective |
| annexes to it, (described in the general part of the present act) and |
| that the existing construction documentation in sufficient characterises |
| the fulfilment of the construction. |
| 2. We determine total term for removal by .. .. .. .. .. .. |
| Of all defects of the fulfilled construction and mounting |
| works (СMW) .. .. .. .. .. .. till .. .. .. .. .. .. .. .. year. |
| 3. We determine term till .. .. .. .. .. .. year for removal from |
| .. .. .. .. .. .. .. .. .. .. .. .. . of the temporary preserved |
| buildings, structures etc. from the temporary construction. |
| 4. Integral part of this act shall be copies of the documents according |
| to the inventory of the whole construction documentation for the construction and |
| the records from the implemented trials and measurements, namely: |
| a) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..; |
| b) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| 5. We authorise on behalf of all assignors to be represented as sole participant in |
| the procedure for issuing of permission for use |
| (certificate for entering in exploitation) |
| .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
| 6. This act is basis for compiling of ultimate report by the person, |
| exercising construction supervision. With this act shall be implemented |
| delivery of the construction from the constructor to the assignor .. .. .. .. .. .. . |
| compiled: | |||
| А. .. .... .. | B. .. .. . .. .. | C. .. .. . .. .. | D. .. .. . .. .. |