ADMISSIBILITY OF A NEGATIVE COUNTERCLAIM FILED ON THE BASIS OF AN INITIAL PARTIAL CLAIM Cover Image
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ДОПУСТИМОСТ НА НАСРЕЩЕН ОТРИЦАТЕЛЕН ИСК, ПРЕДЯВЕН ПО ПОВОД НА ПЪРВОНАЧАЛЕН ЧАСТИЧЕН ИСК
ADMISSIBILITY OF A NEGATIVE COUNTERCLAIM FILED ON THE BASIS OF AN INITIAL PARTIAL CLAIM

Author(s): Arno Mamasian
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Сиела Норма АД
Keywords: counterclaim; contingent claim; partial negative declaratory claim

Summary/Abstract: This article raises the question of the admissibility of a counterclaim, a possible and partial negative declaratory claim, when the same is brought in connection with an initial (positive) partial claim for the same right. I believe that raising the question is important in view of the indisputably accepted in doctrine and case law of the effect of res judicata, which is formed when a partial positive declaratory claim is brought, as well as the understanding that, in principle, partial negative declaratory claims are inadmissible.

  • Issue Year: 2026
  • Issue No: 3-4
  • Page Range: 5-14
  • Page Count: 9
  • Language: Bulgarian
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