Oscar Bulov, 

Ordinary Professor of Civil Procedure and the Roman 

Civil Law at the University of Giessen 

In this section the author continues consideration of procedural objections in the Roman civil procedure and their impact on the possibility of trial on the merits. It is claimed that the severity of previously applicable law, ultimately, was successfully eliminated in the law of Justinian. He constated that those objections, which include procedural objections, suspensive objections, should not have the effect of the court decision on the merits of the case, but only the rejection of the unfinished process. Changes initiated by Justinian were lie only in the fact that the plaintiff lost the case due to alleged temporal-suspensive objection was allowed in a subsequent period after the double time to make a claim against the reimbursement of expenses once again. In other words, if the creditor (plaintiff) filed action before the time to perform the obligation comes, the court ruled on the merits of the case, but the defendant had a double date for fulfillment of the obligation. Subsequently, the plaintiff could file action again on the implementation of commitments. 

Keywords: history of civil procedure; objections to a claim.