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POSITION on the content of the additional agreements to the contracts for electronic communications services

 

 

 

POSITION

 

on the content of the additional agreements to the contracts for electronic communications services

 

At its session held on 15.02.2018, the Communications Regulation Commission (CRC) adopted the following position on the content of the additional agreements to the contracts for electronic communications services:

 

Under the Bulgarian legislation, all bilateral deals are contracts. Both are contracts - the agreement aimed at establishing rights and obligations and the additional contractual agreement amending the contractual relationship.

 

In relation to the above, the additional agreements to the contracts for electronic communications services are also individual contracts within the meaning of Chapter XIV of the Electronic Communications Act (ECA). The rules of drafting of contracts (Art. 228, para 1 and Art. 231, para 1 of the ECA) also apply to the additional agreements, including the cases when only the time period of the contractual relationship is extended with the agreement. The reference to old contracts concluded between the same parties does not fulfill the mandatory rules in Chapter XIV of ECA establishing requirements for the contracts` content.

Considering the above-mentioned, the additional agreements should contain the relevant contractual requisites to the agreed service. A list of the TV programs included in the bundle shall be attached to the additional agreements for TV service.