Herald of Civil Procedure
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We in a citing index:

Charter of Civil Procedure on November 20, 1864 (the first edition) (continiuation) The Doctrine of Procedural Objections and Procedural Prerequisites (continuation)

In this section the author reveals to the exceptio praejudicii institute action in interrelation with several processes. In the Roman law it was in advance provided that “more” important processes aren’t advanced by other “less” one. In case if less important process matters are connected with more important, the last has advantage. Professor notes that it is necessary to provide advantage to more important of two processes and appoint the decision in more unimportant one while the decision won’t be announced. It is shown rather only as the requirement of expedient conducting process. The situation is different, if more important process, to which has to concede unimportant one, is not defined as so and has unknown future. Here that principle would lead to the most senseless consequences. It is not the business of the court to care in advance of processes which will be in the future. It can’t be required at court to be accepted that in attention claims where the party knew nothing at all. 

Keywords: the history of civil process; prejudice; production in court of the first instance.

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Oskar Bulow