Herald of Civil Procedure

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The Doctrine of Procedural Objections and Procedural Prerequisites (continuation)

In this section of the scientific work O. Bulow describes the cases of application of pre-judicial decree relating to the process of freedom (liberalis causa, liberale judicium). During the process of freedom (post ordinatum liberale judicium), all other processes with imaginary slaves should be terminated prior to the decision process about freedom. ATer all, the issue of freedom is a condition that you must Ind out Irst of all in the interests of the state Fiscal processes that have an advantage over private one. Proceeding from the point of view of the prevailing public interest, should not expect that the civil processes, which examined the same question as in the already started criminal proceedings, shall be suspended pending the hearing in the latter. However, criminal process is not always attached with decisive importance. From time to time recognition that civil and criminal processes are going in parallel, sometimes even down to the last inferior to the Irst prejudicial decree that used in various combinations processes. If only two internally-related cases are pending before the court, less important should be temporarily suspended in the official order (von Amtswegen) (so that it does not require the objection of the defendant), until a decision will be made on more important matter. No matter which of the two processes will be started by the first pass of the case to the court simultaneously, it's not depends on what stage is already one process in the moment, when filed another complaint. Enough of that, both generally come in contact, at any time before they will be resolved. In this case they must always be followed the order about suspension of less important. 

Keywords: history of civil procedure; praejudicium; prejudice; issue preclusion; criminal proceedings; the suspension of process

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Oskar Bülow