A REVIEW OF THE GERMAN LEGAL FRAMEWORK
ON STAY OF PROCEEDINGS ORDERED BY THE COURT Cover Image

ПРЕГЛЕД НА НЕМСКАТА УРЕДБА НА СПИРАНЕТО НА ИСКОВОТО ПРОИЗВОДСТВО ПО РАЗПОРЕЖДАНЕ НА СЪДА
A REVIEW OF THE GERMAN LEGAL FRAMEWORK ON STAY OF PROCEEDINGS ORDERED BY THE COURT

Author(s): Anastas Punev
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation, Commercial Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: stay of proceedings; conditionality of proceedings; parallel proceedings; ZPO

Summary/Abstract: The article analyses the German Procedural Code (Zivilprozessordnung)'s understanding of the stay of proceedings in the cases of § 148 and 149 which draw similarities to Art. 229 (1), p. 4–5 of the Bulgarian Procedural Code. Departing from the legislative history of these rules and their clear reference to the Roman law notion of praeiudicium, the author draws the principles in the German case law, as part of them can be applied in Bulgarian procedural context as well, while others can serve for respective amendments to the law. These include, inter alia, the moment at which the court shall decide whether to stay the proceedings, its discretion, the criteria that shall be taken into account, as well as the principles which shall be respected when ordering a stay.

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 473-503
  • Page Count: 31
  • Language: Bulgarian