Prom. SG. 22/29 Jan 1949, corr. SG. 41/21 Feb 1949, amend. SG. 275/22 Nov 1950, amend. SG. 41/28 May 1985, amend. SG. 60/24 Jul 1992, amend. SG. 21/12 Mar 1996, amend. SG. 104/6 Dec 1996, suppl. SG. 117/10 Dec 1997, suppl. SG. 96/5 Nov 1999, amend. SG. 34/25 Apr 2000, amend. SG. 59/20 Jul 2007, amend. SG. 47/23 Jun 2009
Art. 1. The inheritance shall be opened at the moment of the death at the last residence of the deceased.
Art. 2. (1) Neither upon a law or by will can inherit the person, who:
a) has not been conceived at the opening of the inheritance and b) has been born unable to live.
(2) The one born alive shall be considered able to live till the proving of the contrary.
Art. 3. As indecent cannot inherit the one who:
a) has premeditatedly killed or tried to kill the grantor, his spouse or his child as well the participant in these crimes except the act has been committed under circumstances excluding the punishability, or if it is amnestied;
b) has blamed the grantor for a crime, punished with imprisonment or with a graver penalty except the blaming is pursued with an appeal by the blamed and such has not been submitted;
c) has persuaded or hampered the grantor with force or forgery to make, to change or the revoke the will or who has corrected his will or has used untrue will.
Art. 4. (1) The indecent person can inherit if the grantor has explicitly recognised him as correct with an act with content certified by a notary or with a will.
(2) The indecent person, in favour of whom the grantor has made a will, knowing the reason for incorrectness, without having explicitly recognised him as correct, shall inherit only within the limits of the will.
INHERITANCE BY LAW
Art. 5. (1) The children of the deceased shall inherit
(2) As children of the grantor shall be considered those adopted by him.
(3)(amend.SG41/85;amend.–SG47/09, inforce from 01.10.2009) At adoption under art. 102 of the Family Code the adopted and their descendants shall not inherit the relatives of the adoptive parent.
Art. 6. When the deceased has not left children or other descendants, he shall be inherited equally by his parents or by the one who is alive.
Art. 7. If the deceased has left only ascending persons of second or third degree, he shall be inherited by those of them closest in degree.
Art. 8. (1) When the deceased has left only brothers
and sisters, they shall inherit him in equal parts.
(2) When the deceased has left only brothers and sisters, together with ascending persons of second and higher degree, the first shall inherit two thirds of the inheritanceandtheascendingpersons–onethird.
(3) In the cases of the previous paras consanguine and uterine brothers and sisters shall receive the half of the amount, received by born brothers and sisters.
(4)(new–SG60/92)When the deceased has not left ascending of second and third degree, brothers and sisters or their descendants, he shall be inherited by the relatives of lateral line till sixth degree inclusive. The ones closer in degree and the descendant of a closer in degree relative shall exclude the more distant in degree.
Art. 9. (1) The spouse shall inherit a part equal to the part of each child.
(2) (amend. SG 60/92) When the spouse inherits together with ascending persons or with brothers and sisters, or with their descendants, he shall receive half of the inheritance, if it is opened before the expiry of ten years after the marriage and in adverse case he shall receive 2/3 of the inheritance. When the spouse inherits together with ascending persons and with brothers and sisters or with their descendants, he shall receive one third of the inheritance in the first case and half of it in the second case.
(3) (suppl. SG 60/92) If there are no other heirs of the previous para the spouse shall receive the whole inheritance.
Art.9a.(new–SG60/92)When to an opened inheritance is restored ownership in properties taken by the state or included in labour co-operative
agricultural farms or in other agricultural organisations, formed on their basis, the heirs or following spouse shall not inherit if he has deceased before the restoration of the ownership and from the marriage with the grantor there are no born or adopted children.
Art. 10. (1) The descendants of the grantor, who have deceased before him ore are indecent, shall be substituted in the inheritance by law by his descendants without limitation of the degrees.
(2) The brothers and sisters deceased before the grantor or those indecent shall be substituted by only their children or grand children.
(3) The inheriting in these cases shall take place according to stock.
(4) The substitution shall also be admitted in favour of a person, who has refused the inheritance of the ascending person, who he substitutes or who is indecent to inherit him.
Art.10a.(new–SG117/97)When several persons have deceased and the consequence of the death of each of them cannot be established, it shall be considered that the older has deceased before the younger.
Art. 11 (suppl. SG 96/99) When there are no persons, who can inherit according to the previous articles or when all heirs have refused the inheritance or lose the right to accept it, the inheritance shall be received by the state, except the chattels, the homes, the studios and the garages, as well as the parcels and the properties, designated primarily for residential construction, which shall become ownership of the municipality, on which territory they are located.
Art. 12. (1) The heirs, who have lived together with the grantor and have taken care for him, shall receive as inheritance the usual home possessions and if they deal with agriculture and are not remunerated in another way – also the agricultural implements of the grantor.
(2) Co-heirs, who have assisted to the grantor in his life time to increase the inheritance, can, if they have not been remunerated in another way, require at the subdivision this increase to be calculated in their favour; the increase can be given as property or as money.
INHERITANCE BY WILL
1. GENERAL PROVISIONS
Art. 13. Each person, who has rounded 18 years and is not under full interdict due to dementia as is capable to act reasonably, can dispose with his property for after his death with a will.
Art. 14. (1) (amend. SG 60/92) The testator can dispose through the will with the whole of his property.
(2)(revoked,prev.(3)–SG60/92)The testamentary dispositions in all the cases cannot infringe the reserved part (art. 29).
Art. 15. Two or more persons cannot leave by testament with one and the same act neither in each other favour, nor in favour of third persons.
Art. 16. (1) The testamentary dispositions, which refer to the whole or to part of the whole property of the testator shall be called general and shall render the quality of inheritor to the person in favour of whom they have been made.
(2)The testamentary dispositions, which refer to certain property, shall be partial and render the quality of heir by devise.
Art. 17. (1) The testamentary dispositions can be made under condition of encumbrance.
(2) General testamentary disposition, made under final term, shall be considered as devise of usufruct over the whole inheritance or over the respective share; the starting term shall be considered unwritten.
Art. 18. Each one interested can require execution of the encumbrances, imposed with the will. The non fulfilment of the latter shall not ensue after itself the abolition of the testamentary disposition.
Art. 19. (1) The devise of one defined chattel shall be void if the testator is not owner of this chattel at the opening of the inheritance.
(2) Valid shall be the devise of certain quantity of chattels determined by the family, although in the possessions of the testator such chattels have not
existed at the opening of the inheritance.
Art. 20. The testamentary disposition shall not have effect if the person, in favour of whom it has been made, is deceased before the testator.
Art. 21. (1) The testator can point out one or more persons, who to acquire the inheritance or the devise in case the inheritor or the devisee dies before him or refuses the inheritance or the devise, or is indecent to inherit him.
(2) But he cannot oblige the inheritor to preserve and to deliver after his death entirely or partially the inheritance, received by him to a third person.
Art. 22. (1) The inheritor by law or by will has the right to receive the devise, which has been made even when he refuses the inheritance.
(2)The provisions of art.48–54 shall also be applied for the devises.
2. FORM OF THE WILL
Art. 23. The will can be notarial or personally hand written.
Art. 24. (1) The notarial will shall be implemented by a notary in the presence of two witnesses.
(2)(suppl.SG104/96;amend.–SG59/07,inforce fro, 01.03.2007) The testator shall express verbally his will to the notary, who shall write it as it has been expressed, after which he shall read the will to the testator in the presence of the witnesses. The notary shall note these formalities in the will, marking also the place and the date of compiling. After this the will shall be signed by the testator, the witnesses and the notary. For compiling the notarial will the notary shall be guided by the provisions of art. 578, para 1 and 2 of the Civil Procedure Code.
(3) If the testator cannot sign, he must disclose the reason for this and the notary shall note his statement before the reading of the will.
Art. 25. (1) The personally hand written will must be written entirely by hand by the testator himself, contain the date, when it has been compiled and it must be signed by him. The signature must be put after the testamentary dispositions.
(2) The will can be submitted for preservation to the notary in a closed envelope. In this case the notary shall compile a record on the very envelope. The record shall be signed by the person, who has presented the will and by the notary and it shall be registered in a special register.
Art. 26. (1) The personal hand written will, submitted for preservation to the notary, can be taken back but only personally by the testator.
(2) A note shall be made about the returning of the will in the special register, which shall be signed by the testator, two witnesses and the notary.
Art. 27. (1) The person, who has a personally hand written will, must immediately after he knows about the death of testator, require is announcement by the notary.
(2) Each interested person can require from the district judge at the place, where the inheritance is opened, to determine the term for presenting of the will, in order it to be announcement by the notary.
(3) The notary shall announce the will, compiling a record, where is described the status of the will and noting its unsealing. The record shall be signed by the person, who has presented the will and by the notary. To the record shall be attached the paper, on which the will has been written, re-signed on each page by the same persons.
(4) When the will has been submitted for preservation to the notary (art. 25, para 2) the above provisions shall be implemented by the notary where the will is.
3. RESERVED PORTION AND DISPOSABLE
Art. 28. (1) When the legator leaves descendants, parents or spouse, he cannot with testamentary dispositions or with a grant to infringe what
constitutes their reserved portion of the inheritance.
(2) The portion of the inheritance out of the reserved portion shall be the disposable portion of the legator.
Art. 29. (1) The reserved portion of descendants (including the adopted), when the legator has not left spouse, shall be: in case of one child and descendants from him – 1/2 and in case of two and more children or descendants from them –2/3 of the possession of the legator.
(2) The reserved portion of the parents or only the outlived of them is 1/3.
(3) The reserved portion of the spouse is 1/2, when he inherits alone and 1/3 when the legator has left also parents. When the legator has left descendants and spouse, the reserved part of the spouse is equal to the reserved part of each child. In this cases the disposable part in case of one child is equal to 1/3 and in case of two children is equal to 1/4, and in case of three and more children is equal to 1/6 of the inheritance.
4. RESTORATION OF THE RESERVED
Art. 30. (1) Heir with right to reserved portion, who cannot receive the full extent of this portion due to wills or grants, can require their reduction to the extent, necessary to supplement his reserved portion after deducting the testaments made in his favour and grants except the usual gifts.
(2) When the heir, which reserved portion is derogated, exercises this right with regard to persons, who are not heirs by law, it shall be necessary for him to have accepted the inheritance with inventory.
Art. 31. In order the disposable part to be determined, as well as the extent of the reserved part of the heir, one mass of all the properties shall be formed, which have belonged to the legator at the moment of his death, deducting the liabilities and the increase of the inheritance under art. 12, para 2. After this to it are added the grants except the usual ones according to their position in time of granting and according to their value at the time of opening of the inheritance for the immovable properties and at the time of granting – for the chattels.
Art. 32. The testamentary dispositions shall be reduced proportionally, making no difference between heirs and devisees, unless the testator has ordered otherwise.
Art. 33. The grants shall be decreased only when the testamentary properties are depleted, starting from the last grants and going consecutively to the previous ones.
Art. 34. When to a person have been devised or granted several properties, the reduction shall be implemented according to the choice of this person. If he does not make choice within the term given by the court, shall be proceeded by the order of art.32–33.
Art. 35. (1) When the legator has devised usufruct or life rent, the income, respective the extent of which exceeds the income from the disposable part, the heirs with right to reserved part, who receive the bear ownership, have right to chose either to fulfil the testamentary disposition or to leave the full ownership on such part of the inheritance property, which is equal to the disposable part.
(2) The same right to choose the heirs have also when the legator has devised bare ownership in properties the income from which exceeds the income of the disposable part.
(3) (corr. SG 41/49) The decision to be fulfilled the testamentary disposition can be taken only with the consent of all affected heirs without the one, in favour of whom it has been made.
(4) The same rights shall be applied also when the usufruct, the rent or the bare ownership have been established with an act of granting.
Art. 36. (1) When subject of the testament or the grant is immovable property and the separation of a part of it for supplementing the reserved portion of the heir cannot take place conveniently, in case the value of the devised or the granted property, calculated according to art. 31, exceeds with more than 1/4 the disposable part, the property shall remain as a whole in the inheritance and the devisee or the granted shall receive the value of the disposable part. If 1/4 has not been exceeded, the devisee or the gifted person can withhold the whole property and to indemnify the heir with money according to the price during the reduction.
(2) When the devisee or the gifted person is an heir with reserved portion, he can withhold the whole property only if its value does not exceed the disposable portion and his reserved portion taken together.
(3) The devisee or the gifted person shall be obliged to give back the fruits from the properties, which exceed the disposable portion from the day of decease of the legator, if the claim for this has been presented in one year term after the same date, and in adverse case – from the date of the claim.
Art. 37. (1) The alienation of the devised or gifted immovable properties, as well as the establishing of real rights in them, implemented by the devisees or the gifted persons, against which the reduction has been decreed, taken place before the elapse of one year after the opening of the inheritance or after a claim for reduction has been entered, can be repealed upon request by the heir, if he cannot supplement his reserved portion of the property of the testator or the gifted person and if the acquirer does not supplement the reserved part with money.
(2) The same is valid for agricultural and transport machines of significant value.
(3) The claims must be presented starting from the last alienation and going consecutively to the previous ones.
5. REPEALING OF THE WILL
Art. 38. The will can be repealed explicitly with a new will or with a notarial act, with which the testator explicitly declares, that he repeals entirely or partially the previous provisions.
Art. 39. The following will, which does not explicitly repeal the previous one, shall repeal only these provisions in it, which are incompatible with the new.
Art. 40. The will, which has been repealed with a following one, shall remain repealed even the following will does not have effect, due to the fact, that the inheritor or the devisee dies before the testator or occurs indecent, or renounces the inheritance or the testament.
Art. 41. (corr. SG 41/49) (1) The entire or partial alienation of a devised possession shall repeal the testament about this, which has been alienated, even when the possession is again acquired by the testator or when the alienated is destroyed due to other reasons and not due to defect of the consent.
(2) The same is valid also when the testator reworks or changes the devised possession so, that it loses its previous form and designation.
6. NULLITY OF THE WILL
Art. 42. The testamentary disposition shall be null:
a) when it has been made in favour of a person, who does not have right to receive by devise;
b) when at compiling the will the provisions of art.
24, respectively of art. 24, para 1 have not been observed, and
c) when the testamentary disposition or the motive, expressed in the will, only due to which the disposition has been made, are contrary to the law, the public order and the good moral; the same is valid also when the conditions or the encumbrance are impossible.
Art. 43. (1) The testamentary disposition shall be voidable:
a) when it has been made by a person, who at the time of compiling has not be able to will, and
b) when it has been made due to mistake, violence or fraud.
(2) The mistake in the motive shall be a reason for abolition of the testamentary disposition, when the motive is expressed in the very will and the
disposition has been made only because of it.
Art. 44. (1) The claim for abolition of the testamentary disposition shall be cancelled with the expiry of three years after the day, when the claimant has come to know about the reason for the voidability, and in any case with the expiry of ten years after the opening of the inheritance.
(2) If the knowing precedes the opening of the inheritance, the three years term shall start from the opening.
(3) The objection of the voidability shall not be restricted with a term.
7. EXECUTOR OF THE WILLS
Art. 45. (1) The testator can assign to one or more legally capable persons to execute his testamentary dispositions.
(2) Upon interest of each interested the district judge at the location, where the inheritance has been opened, can define a term for the accepting of the assignment after the expiry of which, if the assignment is not accepted, it shall be considered, that the assigned person has refused.
Art. 46. (1) The executor of the will must compile inventory of the inherited possessions, after inviting the inheritors and the devisees to be present at the inventory.
(2) He shall enter into possession of the inheritance property and manage it, as far as these activities are necessary for implementation of the testamentary dispositions.
(3) He cannot alienate the properties except it is necessary and with a permission of the district judge, who shall decide after hearing the heirs.
Art. 47. The district judge can discharge from position the executor of the will if he performs negligence, incapability or acts, which are incompatible with the necessary trust.
ACCEPTANCE AND CESSION FROM INHERITANCE
Art. 48. The inheritance shall be acquired with its acceptance. The acceptance shall have effect from the opening of the inheritance.
Art. 49. (1) The acceptance can take place with written declaration to the district judge, in which district the inheritance has been open; in this case the acceptance shall be entered in a special book for this.
(2) There is acceptance also when the heir implements an act, which undoubtedly supposes his intention to accept the inheritance, or when he hides inheritance possessions. In the last case the heir shall lose the right to inheritance share from the hidden possessions.
Art. 51. (1) Upon a request by each interested the district judge, after summoning the person, who has right to inherit, shall define a term to declare whether he accepts the inheritance or refuses it. When there is brought lawsuit against the heir, this term shall be defined by the court, considering the case.
(2) If the heir does not answer within the defined term, he shall lose the right to accept the inheritance.
(3) The statement of the heir shall be entered in the book, provided in art. 49, para 1.
Art. 52. The cession from the inheritance shall take place by the order, pointed out in art. 49, para 1; it shall be entered by the same order.
Art. 53. The portion of the refused, or of the one, who has lost the right to accept the inheritance, shall increase the potions of the rest of the heirs.
Art. 54. (1) The accepting and the cession, made under condition, for a term or for part of the inheritance, shall be invalid.
(2) The acceptance and the cession cannot be disputed due to mistake.
Art. 55. When after the acceptance of the inheritance a will is found, which has not been known, the heir shall not be obliged to satisfy the devises in it out of the value of the inheritance, or if they infringe his reserved portion. In these cases the heir can require the reduction of the devises of other wills.
Art. 56. (corr. SG 41/49) (1) The creditors of the person, who has renounced his inheritance, can require the nullifying of the cession in their favour, as
far as they cannot be satisfied from the possessions of the heir.
(2) The claim can be presented in one year term after coming to know about the cession, but not later than three years after the cession.
Art. 57. When the heir dies before accepting the inheritance or before renouncing it, each of his heirs can accept this inheritance only if he accepts also the legacy of his legator; he can renounce the same inheritance despite accepting the inheritance of the latter.
Art. 58. Till the accepting of the inheritance the person, who has the right to inherit, can manage the inheritance possessions and to exercise possessory actions for preserving them.
Art. 59. (1) When the person, who has the right to inherit, is with unknown residence or despite his residence is known, but he has not assumed the management of the inheritance possessions, the district judge shall, officially or upon request of the interested persons, appoint manager of the inheritance.
(2) The manager must make an inventory of the inheritance possessions. He shall present and be responsible for the claims about the inheritance possessions and liabilities. For implementation of the inheritance liabilities, of the testaments and for selling of the inheritance properties, he must require permission by the district judge.
Art. 60. (1) The heirs, who have accepted the inheritance, shall be responsible for the liabilities it has been encumbered with, according to the portions they receive.
(2) The heir, who has accepted the inheritance with inventory, shall be responsible only up to the extent of the received inheritance.
Art. 61. (1) The accepting of the inheritance with inventory must be declared in writing to the district judge in three months term, after the heir has come to know, that the inheritance has been opened. This term can be extended by the district judge up to three months. The accepting shall be entered by the order of art. 49, para 1.
(2) The persons not legally capable, the state and the public organisations shall accept the inheritance only with inventory.
Art. 62. The accepting with inventory by one of the heirs shall be used by the others, but it does not deprive them from the right to accept the inheritance straight or to renounce it.
Art. 63. The inventory shall be implemented by the order, provided in the Civil Procedure Code.
Art. 64. The heir shall be obliged to point out to the district judge all inheritance properties, known to him, in order to be entered in the inventory, otherwise he loses the benefits, connected with the accepting of the inheritance with inventory.
Art. 65. (1) The heir, who has accepted the inheritance with inventory, shall manage the inheritance possessions, being obliged to render the care he takes to his own works. He cannot alienate the immovable properties up to five years after the accepting and the chattels – up to three years, except with a permission by the district judge; in adverse case he shall be responsible for the liabilities of the legator unlimitedly.
(2) The heir shall due to the creditors and the devisees account for the management.
Art. 66. (1) When the inheritance has been accepted with inventory, each creditor or devisee can require the district judge to determine the order and the way, in which the heir will pay to the creditors and to the devisees. In case this is not made, the heir, who has accepted the inheritance with inventory, shall pay to the creditors and to the devisees by the order, in which they present their rights to him.
(2) The creditors, who present their rights after the asset of the inheritance has been depleted, shall have counterclaim against the devisees. The claim must be presented in three years term after the last payment.
Art.67.(1)(corr.–SG41/49) The creditors of the inheritance and the devisees can, in three months term after its acceptance, require the separation of the possessions of the legator from the possessions of the heir.
(2) (amend. SG 34/00, in force from January 1, 2001) This separation shall be implemented for the immovable properties by entering in the files of the immovable properties of the legator by the order of the Cadastre and the Property Register Act, and for the chattels – by an application to the district judge, which shall be entered by the order of art. 49, para 1.
(3) The creditors of the inheritance and the devisees, who have required the separation, shall be preferred to these, who have not required it. When the separation has been required by the creditors and the devisees, preference shall have the first.
Art. 68. The devise of certain possession shall be respectively reduced, when the remained inheritance possessions is not sufficient for payment of the inheritance liabilities.
PARTITION OF THE INHERITANCE
Art. 69. (1) The heir can always require partition, despite there is adverse disposition by the legator.
(2) Each heir can require his portion in kind, as far as this is possible. The inequality of the portions shall be equalled with money. The properties which cannot be divided conveniently, shall be presented to public auction.
(3)The heir – farmer, who lives in or close to the settlement, where are the inheritance non built properties, in order to supplement the land owned by him up to the average type private labour agricultural farm, can buy out from the rest of the co-heirs, who do not live in the same settlement or close to it or do not deal with agriculture, the non built immovable properties, occurred as their portion.
Art. 70. (corr. SG 41/49) Before proceeding to compiling of the portions, each co-heir must contribute to the inheritance what he owes to the lergator and also what he owes to the other co-heirs in connection with the co-ownership between them. If he does not implement the contribution in kind, the co-heirs, who have right to require it, shall receive in their portion part of the inherited possession, equal to the due as value, and if possible – also in kind.
Art. 72. At compiling of the portions the splitting of the fields into parts smaller than 3 decares, of the meadows into parts, smaller than 2 decares and of the vineyards and the orchards into parts, smaller than 1 decare, shall not be admitted.
Art. 73. (1) Each co-heir shall, according to his inheritance portion, due security to the co-heir, who, due to a reason preceding the partition, has been removed from the possessions, received as a portion, by the court.
(2) This security shall not be due, when it has been excluded with special agreement in the act for the partition or when the co-heir on his guilt has endured court removal.
Art. 74. (1) The partition cannot be disputed due to mistake, except when at implementing it some of the co-heirs has been damaged with more than 1/4 of the value of his portion.
(2) The claim cannot be presented after the elapse of 1 year after the implementation of the partition.
(3) The nullifying shall not be admitted if before the taking of the decision by the utmost court instance the portion of the damaged is supplemented with money or in kind by the rest of the co-heirs.
Art. 75. (1) When at implementing the partition is missed some inheritance possession, it shall be parted additionally.
(2) When the partition has been implemented without the participation of some of the co-owners, it shall be entirely null.
Art. 76. The acts of disposing of a co-heir with separate inheritance objects shall be void if these objects are not in his portion at the partition.
Art. 77. (corr. SG 41/49) The legator can during his lifetime divide his possessions between his heirs, including in the partition also the reserved portion.
(2) This partition must be implemented with an act for gift or with a will.
Art. 78. (1) The partition, in which the legator has not included some of the co-heirs with right to reserved portion, shall be void.
(2) A co-heir, who is damaged in his reserved portion with the partition, can require its restoration by the other co-heirs. When the partition has been made with an act for gift, it can be disputed by the order of art. 74.
Art. 79. If in the partition are not included all the properties, which the legator has owned by the time of his death, the non partitioned properties shall be divided according to the law, as far as the legator has not disposed otherwise.
Art. 80. At the partition during the lifetime by a will shall be applied the rule of art. 69, para 3.
Art. 89. (1) The inheritance portion of the descendants and of the wife in inheritances, opened after October 16, 1944, till the entering of this Act in force, shall be determined according to the provisions of this Act.
(2) The court partitions, implemented for such inheritances, which partition record has entered into lawful force, as well as the voluntary partitions, shall remain into force. But the interested heirs can require equalling of the inheritance portions with money.
Art. 90. (1) The wills, made till the entering of this Act into force into forms, provided in the Inheritance Act in effect until now, shall preserve their effect.
(2) The provisions of art. 14 shall be applied also for the wills, made before the entering of this Act into force, if the inheritance has been opened after it.
Art.90a.(new–SG60/92,announced unconstitutional in the part, where it is provided, that a will, compiled after including in the labour co-operative agricultural farms or other agricultural organisations, formed on their basis, of properties of co-operative members, the ownership in which is restored under art. 10, para 1 of LOUFL, has no effect for these properties, DCCNo4/96–SG21/96) A will or selling of inheritance, compiled and implemented after taking by the state or including in labour co-operative agricultural farms or other agricultural organisations, formed on their basis, of properties, the ownership in which is restored, shall no effect for these properties.
Art. 91. The prescription term of art. 50, assumed from the day of entering of this Act into force, shall be applied also for inheritances, opened before this date.
Art.91a. (new–SG60/92) In case of inheritance, including properties, taken by the state or including in labour co-operative agricultural farms or other agricultural organisations formed on their basis, the cession of inheritance, implemented after the taking of the state, respectively the including of the properties, shall not have effect with regard to these properties. They shall be considered as newly opened inheritance in the sense of art. 1 of the Act.
Art. 92. The term of art. 56 shall start after this Act enters into force for inheritances, opened earlier.
Art. 93. The present Act shall enter into force in three months term after its publication in State Gazette.
Transitional provisions of the Act Amending and Supplementing the Inheritance Act (SG 60/92)
§ 9. The repealing of the term for accepting of the inheritance of art. 50 shall refer both for the inheritances, opened before entering of this aCT into
force, for which within this term has not been made objection for expired term of prescription, and for the properties, the ownership in which is being restored.
Transitional and concluding provisions
TO THE CIVIL PROCEDURE CODE
§ 61. This code shall enter into force from 1 March 2008, except for:
1. Part Seven "Special rules related to proceedings on civil cases subject to application of European Union legislation";
2. paragraph 2, par. 4;
3. paragraph 3 related to revoking of Chapter Thirty Two "a" "Special rules for recognition and admission of fulfillment of decisions of foreign courts and of other foreign bodies "with Art.307a–307e and Part Seven "Proceedings for returning a child or exercising the right of personal relations " with Art.502–507;
4. paragraph 4, par. 2;
5. paragraph 24;
6. paragraph 60, which shall enter into force three days after the promulgation of the Code in the State Gazette.
Transitional and concluding provisions
TO THE FAMILY CODE
§ 18. This Code shall enter into force from 1 October 2009.