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Автор: Jesse Russell
Год: 2013
Издание:
Книга по Требованию
Страниц: 101
ISBN: 9785514421275
High Quality Content by WIKIPEDIA articles! The principle of lis alibi pendens (Latin for "dispute elsewhere pending") applies both in municipal law, public international law, and private international law to address the problem of potentially contradictory judgments. If two courts were to hear the same dispute, it is possible they would reach inconsistent decisions. To avoid the problem, there are two rules. Res judicata provides that once a case has been determined, it produces a judgment either inter partes or in rem depending on the subject matter of the dispute, i.e. although there can be an appeal on the merits, neither party can recommence proceedings on the same set of facts in another court. If this rule were not in place, litigation might never come to an end. The second rule is that proceedings on the same facts cannot be commenced in a second court if the lis i.e. action, is already pendens, i.e. pending, in another court. Lis alibi pendens arises from international comity...
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Jesse RussellLis alibi pendens
Jesse RussellJesse Russell
John I.BennettA Treatise On the Law of Lis Pendens: Or the Effect of Jurisdiction Upon Property Involved in Suit