What Is the Statute of Limitations?
The statute of limitations (давност) sets a maximum time period within which a legal claim must be brought. Once the limitation period expires, the claim can no longer be enforced through the courts, even if it was originally valid. In Bulgaria, limitation periods are governed primarily by the Obligations and Contracts Act and the Criminal Code.
Civil Law Limitation Periods
General Rule: 5 Years
The standard limitation period for most civil claims is 5 years from the date the claim becomes due. This applies to:
- Contractual claims — breach of contract, unpaid invoices
- Loan repayment — unpaid principal amounts
- Unjust enrichment — claims for money paid without legal basis
- Damage claims (general) — compensation for losses
Shorter Periods: 3 Years
A 3-year limitation period applies to:
- Rent and lease payments — unpaid rent
- Interest and periodic payments — installment payments, alimony arrears
- Employment claims — unpaid wages, wrongful termination compensation
- Insurance claims — claims against insurance companies
- Tort claims — claims for damages from wrongful acts (from the date the injured party learned of the damage and the identity of the wrongdoer)
Shorter Periods: 1 Year
A 1-year period applies to certain specific claims:
- Transport claims — claims related to transport of goods
- Bills of exchange — claims against the drawer
Absolute Limitation: 10 Years
Regardless of any interruptions or suspensions, all claims are absolutely barred after 10 years from the date they became due (with limited exceptions for claims of minors and persons under guardianship).
When Does the Period Start?
The limitation period begins running from the date:
- The claim becomes due — when payment or performance is required
- The damage is discovered — for tort claims
- The right to claim arises — for claims dependent on a triggering event
Interruption and Suspension
Interruption (Прекъсване)
The limitation period restarts from zero when:
- The debtor acknowledges the debt (in writing, by partial payment, etc.)
- The creditor files a lawsuit or initiates enforcement proceedings
- Arbitration proceedings are commenced
Suspension (Спиране)
The limitation period pauses (stops running) during:
- Pending court proceedings between the same parties on the same claim
- Periods when the creditor is legally unable to act (force majeure)
- For claims between spouses — during the marriage
- For claims of minors against their parents — during minority
Property-Related Limitation Periods
Property claims have their own rules:
- Acquisitive prescription (adverse possession): 10 years of continuous, uninterrupted possession in good faith results in ownership; 5 years if the possessor has a legal basis (e.g., a defective title deed)
- Property restitution claims: subject to general 5-year limitation
- Construction defect claims: 5 years from discovery of the defect
Criminal Law Limitation Periods
Criminal offenses also have limitation periods after which prosecution is barred:
| Offense Severity | Limitation Period |
|---|---|
| Punishable by more than 15 years imprisonment | 20 years |
| Punishable by more than 10 years imprisonment | 15 years |
| Punishable by more than 3 years imprisonment | 10 years |
| Punishable by more than 1 year imprisonment | 5 years |
| Punishable by less than 1 year or fine | 3 years |
Murder has no statute of limitations in Bulgaria.
Practical Implications for Foreigners
- Do not delay bringing claims — once you become aware of a legal issue, consult a lawyer promptly
- Document everything — written records of debts, acknowledgments, and payments are crucial for proving claims and interruptions
- Check before buying — when purchasing property or a business, verify that no expired claims or hidden liabilities exist
- Debtor defenses — if someone brings a claim against you after the limitation period, raise the defense explicitly (courts do not apply it automatically in civil cases)
Get Timely Legal Advice in Troyan
Understanding and managing limitation periods is critical for protecting your legal rights. Attorney Biser Dimov in Troyan advises foreign clients on applicable deadlines and helps ensure claims are brought (or defended) within the required timeframes. Contact us if you have concerns about a legal deadline.