Herald of Civil Procedure
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The Doctrine of Procedural Objections and Procedural Prerequisites (continuation)

Lis section is devoted to research of the phenomenon of exception on prejudice in relation to the possible future processes connected with the current process due to the factual circumstances. It is known that for the prejudicial relations (Praejudicialnexus) between two processes at the same time being in court, there is already other institute – Praejudicialdekret: sequence between two current processes, must be regulated by official ways. Le fact, to which official ways must pay attention, hardly can be exceptions up as it belongs to an essence of exception that its implementation of this right remains a prerogative of an initiative of the respondent. It is known that magistratus assumed research on existence of relations between two processes, and if he found confirmation to it, less important process was suspended until the settlement of more important one. Nevertheless he never punished the claimant, wishing faster settlement of less important process because of his immodesty with claim loss. Magistratus cared that, as soon as the sentence was pronounced in more important process, the less important process developed in the best way supported by results of the taken process, to especially thorough and fairer final decision of court. 

Keywords: history of civil procedure; praejudicium; praejudice; issue preclusion.

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Oskar Bülow