Counter-claim: connection and procedure
Posted by Manuel Casal | Section Juris. procedural
"The Chamber believes that the appeal should succeed arguments as well. Firstly, because the counterclaim, as indicated in the judgment of this Chamber 26-4-2001, has found connected with the main demand, so if the connection does not exist, you can try and resolve the various claims and counter-demand principal in the same court. But more should be added that the connection becomes an essential but not sufficient, but must both demands can be processed by the same process. In this sense, if we analyze the demand counter-claims drawn two conclusions: one, that the resolution of contractual claims and damages surpassed the scope of the cognitive process of eviction, so it could not the substance being analyzed and, two, if the main claim will be processed by another process and is issued a ruling in absolutòria instance, the present case, in view of the connection, the same conclusion s has been extracted in relation to counter-claim. "
Judgment of the Civil Division of the Superior Court dated 26/4/07, speaker JM. April, Aunt 048/07.
Tags: counterclaim
