Dispozitivitātes principa loma divpusējā prasībā

Abstract

Civil Procedure Law contains the right of the plaintiff to bring an action and the right of the defendant to bring a counterclaim. The legal doctrine also distinguishes actio duplex claim, which is regarded as a claim that may be joined by the defendant without a counterclaim. Such a situation competes with the dispositive principle in civil procedure. The aim of the study is to examine the role of the dispositive principle in actio duplex claim and find out how it harmonizes with the court`s obligation to respect the limits of the claim.