The Doctrine of Procedural Objections and Procedural Prerequisites (continuation)

In this issue of the journal we continue to publish the translation of the book of Oscar Bulov «Ee doctrine of procedural objections and procedural prerequisites». In this section is taken up the question of understanding of the category «praescriptio» in the Roman civil process, and its ratios with procedural theories of objection which have impact on procedural rules of consideration and permission of civil cases in the German civil process. This category is understood as part of a formula of the claim, as objection on it. The category «praescriptio» belongs only to preparation of consideration and permission of case, and here in the most cases that means objection to the decision before the main hearing of a civil case. As a rule, the category «praescriptio» means procedural objections of the respondent against the claim, concerning jurisdiction, observance of an order of presentation of the claim in the court, etc.

Keywords: history of civil process; the claim; means of protection against the claim.

       

Oskar Bülow