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

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.

• Details
• Contents