/ world today news/ After strong public pressure in recent years, the deputies started yesterday and today with changes to the notorious art. 417 of the Code of Criminal Procedure, due to which bank debtors lost and are losing their homes in an unequal battle with financial institutions and PSI. Unfortunately, there was practically no result – the text survived.
We reached out to two attorneys who are known for their uncompromising stance on the subject for comment.
Adv. Desislava Filipova
Deputies once again served corporate interests, and the National Assembly became the citadel of shame, as they did not protect citizens – debtors from the arbitrariness of the banks and the PSI.
The People’s Representatives yesterday, without any legal logic, after having adopted key changes in Art. 417 of the Civil Code, on second reading they rejected them. They did not try, at least hypocritically, to accept cosmetic amendments, such as were proposed, namely to remove the part about banks from item 2. But today they came to their senses and “took out the beautification paints” by deciding that when a property is mortgaged because of a loan taken out, it cannot be sold at a price lower than its tax assessment. The amendment is in the Code of Criminal Procedure, but it does not save the Bulgarians who have suffered unjustly in their unequal battle with the banks and PSI, which enjoy extraordinary rights over their customers. However, the hypocrisy of the deputies masked the impudence of some of them, who do not even hide their lobbyist bias.
Art. 417 of the Civil Code is anti-European, feudal in essence, according to which the debtor of a bank is first convicted by the presumption of guilt created in the law. And only after an executive case has been opened for him, he begins to participate in a normal claim case, in order to establish whether the claim against him has grounds. But this case ends long after the execution, when the debtor is already bankrupt. Under Art. 417, there is a reversal of the normal procedure, which places the claim case first, and then comes to execution on the debtor’s property.
The initiator of the essential amendments, MP Dimitar Bayraktarov, referred to a document in connection with the case with Swiss franc loans/ which countries such as Hungary decided in favor of their citizens – note/ and to a complaint filed with the EC. In its response, the European Commission states that it has already started proceedings against Bulgaria on the occasion of my previous complaint concerning Art. 417 of the Civil Code and its contradiction with EU law. The EC announces the beginning of a procedure against our country also because of the way in which mortgaged properties are sold to debtors under consumer contracts, contrary to European law.
Adv. Veska Voleva
The decisions of the MPs who retained Article 417 of the Civil Code are either paid or stupid. They did not bother in any way to study how things are in Europe, what the decisions of the court in Luxembourg are. Some of them act as enemies of their people, and when we add their incompetence, the situation becomes not only worrisome, but downright hostile. I’ll say it straight – the preservation of Art. 417 was made by these MPs lobbyists, behind the scenes and… for money. There is no other logic. How should I treat it other than as a form of corruption? Let at least one of these MPs explain to me – why you, the smart person sent to parliament to protect the rights of the people who elected him, after the first reading, where he accepted the repeal, will turn 180 degrees and agree to remain the hated member? When have you not been in class – before or after? This text in Article 417 is not found anywhere in Europe, it was only in Spain, but it was blocked because of the self-immolation of a woman who was injured by a bank. And the people in our country with problem loans are brought to a dead end by the harassment of the banks and the PSI. And they leave the country, left without property, without a chance for a fair decision…
How long will this betrayal of the people continue? Well, until these “random people” complete the state. I’m not extreme – let’s take things to that point.
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