SUIT FOR SATISFACTION, THOUGH THE NEGATIVITY OF THE DECLARATORY COURT CASE (OGH 23.04.2014, 4OB 52/14X)
July 14th, 2014Pendens of proceeding, which is consider the precursor of the principal of singularity of ruling, is on hand, when a claim is later declared just through a ruling in an active trial. A suit for satisfaction will not negate a claim in a negative ruled declaratory court case.
For convenience it is possible to paus one of the active court proceedings, or the satisfaction case can be transmitted to the court that is responsible for the declaratory court proceedings.