Herald of Civil Procedure
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We in a citing index:

The doctrine of procedural objections and procedural prerequisites

In this issue we continue publishing translation of the book written by Oskar Bülow «The doctrine of procedural objections and procedural assumptions». It is obviously that in all cases the institution of res judicata presented in the form that existed in the Roman civil proceedings. Prejudicial decrees in historical legal decrees are found more often than prejudicial objections. Very often in a variety of ways the matter is that magistratus ex officio should suspend judicium minus before adjudication in judicium majus, that the latter may not be prejudiced. However, wherever prejudicial decree is mentioned, the matter is judicium majus, which has already been determined in court, as well as the consistency between the two were already in the court processes. Also in the sources is often said that while the flow time of the inheritance process, the processes that are needed to keep one or the other party with legatary and inheritances’ debtor should be suspended until the end of the process of inheritance. This leads to the assumption that the reason for these temporary suspensions was in danger of prejudicial decision. 

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

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Oskar Bülow