Material connection between claim and counterclaim – based on a concrete dispute

João Paulo Remédio Marques

Keywords

Claim; counterclaim; admissibility; connection between the claim and counterclaim; dependente issue; connected cases.

Abstract

After carrying out a historical and a comparative analysis of the material requirements of admissibility of the counterclaim by a defendant and its connection with the claim made by the claimant, the present study deals with the situation in which the counterclaim constitutes a preliminary issue of the claim deducted by the plaintiff, thus emerging from the claim of the plaintiff and/or defense of the defendant.