Holding

Bulgarian legal doctrine and legislation attach great importance to the holding. This legal form is regulated in the Bulgarian Property Act, and in particular by Art. 68 (2) and Art. 76 of the Property Act.

Under Art. 68 (2) PA, holding represents the exercise of de facto power over a property which the person does not hold as their own. What holding and possession have in common is the exercise of de facto power, but the big difference between the two is the lack of intention of the subject to hold the property as theirs, i.e. the subject holds the property on behalf of another person such as the owner. It is the latter who has conferred the de facto power on the former - mostly on the basis of a legal transaction (e.g. a lease). It should be noted, there is an opportunity to turn possession into ownership. Such would be the case if the owner sells the property to the tenant.

The legal security of holding is governed by Art. 76 PA - the holder who has lost movable or immovable property through violent means or through concealment, may within six months claim it back from the person who has taken it.

The property is taken through violent means where the holder may not exercise actual power over the said property because of physical violence or threat. Another expression of this rule taking through concealment, i.e. an offense is committed in a way, time and a manner which makes it impossible for the holder to immediately establish that the taking has taken place. When bringing an action, both reimbursement of actual power over the property and damages may be claimed. The action must be brought within 6 months from the occurrence of the taking or of becoming aware of the taking through concealment.