Силата на пресъдено нещо на отказа от иск по отношение на приобретателя на спорното право в хода на процеса
Res judicata effect of discontinuance with prejudice of a civil claim as against the person which has acquired the claim pendente litis

Summary/Abstract: This article looks into two important questions of civil procedure theory, namely: whether discontinuance with prejudice of a civil claim forms res judicata, as well as whether res judicata binds a person which has acquired the claim pendente litis while the case was pending, before the plaintiff had discontinued it with prejudice. Besides their theoretical significance these two questions are very important for the courts’ case-law, especially in real law cases. In the article there is critically appraised a decision by Supreme Court of Cassation rendered under Art. 290 of the Civil Procedure Code and thus constituting a precedent for inferior courts. The view is critiqued that against the person which has acquired the claim while the case had been pending res judicata is formed on the virtue of court’s order to dismiss the case with prejudice.

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