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Choice of applicable law in commercial contracts
Article 605
- (1)
- Commercial contracts with international elements shall be governed by the law of choice of the parties.
- (2)
- It shall be assumed, unless otherwise agreed, that the parties have accepted as applicable the custom known to them or such that should have been known to them, and which is common in international trade and continuously observed by parties under contracts of the same type in the respective field of trade.
- (3)
- Where at the time of choice all elements of the contract are related to the law of one country, the applicability of its mandatory norms shall not be affected by the law of choice.
- (4)
- Articles 606c - 606e shall apply mutatis mutandis to the existence and the validity of choice of applicable law.
Applicable law in case of lack of choice
Article 606
- (1)
- Where the parties have not specified an applicable law, applied shall be the law of the country on the territory of which the party owing the typical obligation under the contract has its main place of business.
- (2)
- Where the agreed place of performance is other than the main place of business, applicable shall be the law of the place of performance. Where the party has no place of business, valid shall be the place where it permanently resides.
- (3)
- Where the subject of the contract is a right over real property, applicable shall be the law of the country where the property is located.
Law applicable to transportation of goods
Article 606a
A contract for transportation of goods shall be governed by the law of the country in which is located the main place of business of the carrier under the contract as concluded, provided one of the following is in the same country:
- 1.
- the point of loading; or
- 2.
- the point of unloading; or
- 3.
- the main place of business of the consignor.
Special provision
Article 606b
The provisions of Articles 606 and 606a shall not apply where it has been ascertained that the contract is more closely related to the law of another country. In such cases the law of the country with which the contract is most closely related shall apply.
Validity of contract
Article 606c
The validity of a contract shall be governed by the law of the country that would have applied had the contract been valid.
Form of contract
Article 606d
- (1)
- The form of the contract shall be deemed observed if the requirements of the law applicable thereto or of the law at the place of conclusion have been met.
- (2)
- Where upon conclusion of the contract the parties were on the territories of different countries, the contract shall be valid provided the requirements for form of one of the countries have been observed.
- (3)
- Where subject of the contract are rights over real property, the requirements for form pursuant to the law of the country on the territory of which the property is located, notwithstanding the law applicable to the contract, must also be observed.
Mandatory provisions of Bulgarian law
Article 606e
The provisions of this Chapter shall not apply to relationships governed by mandatory provisions of Bulgarian law.
Subsidiary provision
Article 606f
The General Bulgarian International Private Law shall apply to matters not settled in this Chapter.
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