ПОСЛЕДНИТЕ ПРОМЕНИ В ГРАЖДАНСКИЯ ПРОЦЕСУАЛЕН КОДЕКС В МАТЕРИЯТА НА СЪЕДИНЯВАНЕТО НА ИСКОВЕ
RECENT CHANGES IN CODE OF CIVIL PROCEDURE IN MATTER OF JOINDER OF CLAIMS

Summary/Abstract: The article deals with two recent amendments to the CCP / SG No 50/2015/. One relates to the provision of Article 104, item 6, which creates a new hypothesis of subject matter cognizance of district court, on claims, regardless of their cost, initially brought by plaintiff in a single statement with a claim generically cognizable in the district court, under the condition that these actions are subject to examination according to identical procedure. The other prohibits the court to disjoinder cases when there is a connection between their subject matter, unless they are not subject to examination according to identical procedure / Art.210, Para 2/. А critical analysis leads to the conclusions that the above discussed amendments may be shared as timely, internally coherent, and efficiency needed for the statement of defense, if the rule of item 6 of Article 104 CCP refers to all types and forms of joinder of actions, only in case there is a connection between their subject matter and under the condition that the main (or original) action is generically cognizable by district court. The condition of identical procedure should also not cover cases in which there is a connection between the subject matter of joined claims.

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