Herald of Civil Procedure

We in a citing index:

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

In this section, author considers such phenomenon as «praejudicium». Must be distinguished «praejudicium», which arises out of the one process for the other, already initiated before the court, and «praejudicium», which arises out of the one process for the other, for the present uncertain and only possible in the future. In the modern sense it is a prejudice (preclusion), in which the two species differed. The first kind of prejudice suspended less important process to address more important. Second type of prejudice to the contrary shall be prevented by special objection – exceptio praejudicii. If the defendant wishes to stay ahead of the next process is not praejudiced, then he should make the necessary claim, i.e. prevent prejudication by the objection. The proposition that the future more important process could not be prejudged no more general than the fact that of the two ready-defined processes, judgment shall be awarded to the first and more important. Against praejudicium, which could only occur in the impending trial, the defendant may claim in only some of the few special cases (in the interest of the inheritance and proprietorship). The author notes that long since modern science overlooked this fundamental distinction. 

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

 el_.png   it_.png   book.png

Oskar Bülow