Privātautonomijas atspulgs procesā – prasība par daļu no materiāltiesiskā prasījuma

The aim of the paper is to discuss the phenomenon of dividing claims of substantive law by raising a claim in the court as a reflection or even as an extension of the principle of private autonomy into the civil proceedings. The author explores the divisibility of claims of substantive law as pre-requisite for raising a partial action and how the court judgement that satisfies the claim fully functions as a finalising mechanism of the willed division of the substantive law claim. This finalised division functions as a generator of a legally separate whole and thus enables to identify it as a separate object of an action in comparison to the following partial action for the remainder of debt. Hence, a partial action can be raised after the first judgement, since there is no identity of action objects.