praeiudicium

Praeiudicium is a Latin legal term meaning “before judgment.” It describes a matter that must be decided before the main issue in a case can be resolved, or a prior decision that has a binding effect on subsequent proceedings. The term derives from prae- “before” and iudicium “judgment.”

In civil law traditions, praeiudicium refers to a preliminary or prejudicial issue—such as questions of jurisdiction, the admissibility of a claim, the existence of a condition precedent, or a fact whose resolution is essential to determine the merits of the case. If such an issue remains unresolved, it can prevent the main action from proceeding or require a separate ruling before the case continues. The concept helps streamline litigation and avoid inconsistent judgments by settling certain questions first.

Praeiudicium is related to, but distinct from, res judicata. It is not itself a final judgment; rather, it can lead to dismissal or a stay of proceedings until the prejudicial issue is resolved. In Roman law and many modern civil-law codes, praeiudicium is recognized as a procedural device to allocate proper jurisdiction and clarify admissibility, rather than as evidence on the merits of the case.

Practically, the exact scope and application of praeiudicium vary by jurisdiction. In some systems it is framed as a prejudicial question or preliminary issue that a court must determine before addressing the main claim. See also: res judicata, prejudicial question, preliminary issue.