Herald of Civil Procedure

We in a citing index:

The Doctrine of Procedural Objections and Procedural Prerequisites (continuation)

This section is devoted to research of the competition of the claims following from one legal relationship. Quite chances when the claimant instead of more important requirement which, in principle, also has to be shown, shows less important. However by means of exceptio its civil claim can be rejected. By means of similar civil process there would be an intervention to more important sphere of the relations (for example, criminal prosecution). In this case, from the point of view of appropriate realization of the right for judicial protection, the claimant has to make more important claim, instead of less important, thereby to arrive as in an ideal assumes the law. Thus even if less important process is already excited, it is subject to stay, not to be resolved yet more important process. Subsequently similar reception was applied only taking into account a position of the respondent (i.e. the respondent actually could define what sanction to apply against it: public or private law), and not just positions of the claimant. However than the difference between public process and the private process became clearer, that the understanding of inadmissibility of dependence of punishment from a discretion of the respondent became more distinct. 

Keywords: history of civil litigation; competition claims; the suspension of the proceedings.

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Oskar Bülow