In order to sell a motor vehicle (МПС) owned by a child, permission from the district court for the child's current address is required. This requirement usually arises where one of the parents has died and the child has inherited ownership, or a part thereof, of the vehicle. It is important that the child should have accepted the inheritance under inventory before the application for permission is filed.

The district court may grant permission for the sale of a motor vehicle owned by a child only if this is in the interest of the child. The needs and benefits of the child, as well as the urgent needs of the family, may constitute grounds for granting such permission.

Required Documents

To obtain permission for the sale of a motor vehicle owned by a child, an application under Article 130(3) of the Family Code is filed.

  • If the child is under the age of 14, the application must be signed by the parents or by the parent who exercises the parental rights.
  • If the child is aged between 14 and 18, the application is signed personally by the child, and the parents, or the parent who exercises the parental rights, must give their consent.

The content of the application must set out the following details:

  • The sale price of the vehicle.
  • Any other material conditions of the sale, if such exist.
  • The reasons why the sale is necessary, as well as the purposes for which the proceeds from it will be used.

It is of particular importance that the need and the evident benefit to the child be properly substantiated. It is also necessary to make a careful assessment of the evidence to be attached to the application, since it is often precisely here that mistakes are made which lead to a refusal by the court.

Documents to Be Attached

The following documents must be attached to the application under Article 130(3) of the Family Code without fail:

  • Proof of the child's current address (e.g. an address card from the municipality).
  • The child's birth certificate.
  • A court decision granting the parent the exercise of parental rights, in the event of divorce.
  • A copy of the death certificate and a certificate of heirs, if the child acquired the vehicle by inheritance.
  • The vehicle registration certificate.
  • A certificate of the insurance value of the vehicle.
  • A standard-form declaration of the property owned by the child.
  • A payment order for the state fee paid.
  • A power of attorney.

Depending on the specific case, additional documents may be required, such as a declaration of the family and financial situation and the property status of the parents, medical documents and others.

State Fee

A state fee of BGN 25 is payable for the examination of the application under Article 130(3) of the Family Code.

Proceedings before the District Court

After the documents have been filed, the court is obliged to rule without delay. Where necessary, the court may request an opinion from the "Social Assistance" Directorate, "Child Protection" department, in order to establish whether the needs set out in the application are present and whether the sale is in the interest of the child. Where permission is sought for a larger sum, the courts often require such an opinion. If the child has reached the age of 10, the officials of the department usually hear the child.

The court may also require additional documents, with a view to establishing and proving the purposes and needs of the child set out in the application, or the property status of the parents. In order to avoid unnecessary delay, it is important that the documents accompanying the application be correctly compiled in advance.

If the court finds that the sale is in the interest of the child, it will issue the permission requested.

Should the court reject the application, the refusal is subject to appeal before the regional court.

Should you require legal advice or assistance in connection with obtaining permission from the district court, please contact us on telephone 0887550706 or by e-mail: [email protected]