Искът в римското и в съвременното право
The lawsuit in Roman and in modern law

Author(s): Tihomir Rachev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Comparative Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: civil procedure; lawsuit; right of action; Roman law; Roman legal tradition; limitation
Summary/Abstract: The paper presents the historical development of the lawsuit as an institution of the civil procedure in Roman and modern Bulgarian law. The interrelation of substantive and procedural law is the subject of perennial disputes, the resolution of which does not seem to have been occurred yet. The relationship between the nature of substantive law, which depends on the effect of various legal facts - for example, the expiry of limitation and prescription periods, and the development of civil procedure are the subject of extensive discussion, in which there is room for arguments based on the Roman jurisprudence.

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