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

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.

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