lis alibi pendens การใช้

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The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems in the form of the legal doctrine of " lis alibi pendens ".
The Report Jenard cites the need to " facilitate the proper administration of justice within the Community " as the underlying idea behind this " lis alibi pendens " rule, as irreconcilable judgments would obstruct such proper administration and ultimately be detrimental to the " mutual trust in the administration of justice in the Community ".
The second is that courts in different jurisdictions should seek to avoid holding concurrent trials relating to the same claims ( this is usually referred to as the doctrine of " lis alibi pendens " ), both the avoid the risk of inconsistent results and to avoid defendants having to respond to the same claims in different courts.
First, Article 27 ( 2012 recast : Article 29 ) of the Regulation contains the " lis alibi pendens " rule : proceedings involving the same cause and between the same parties brought in the courts of different Member States must be stayed until the jurisdiction of the court first seised has been established, after which it must decline jurisdiction.
The convention contains a " lis alibi pendens "-rule : where proceedings involving the same issue and between the same parties are brought before the courts of different Member States, the court seised second must stay proceedings up until the jurisdiction of the court first seised has been established after which the court second seised must decline jurisdiction if the court first seised is indeed found to have jurisdiction.

lis alibi pendens การใช้

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