Lis pendens (litispendență) in Romanian civil procedure
Lis pendens arises when the same dispute (same parties, object and cause) is pending before two courts simultaneously. The more recently filed case is sent to the court that received it first.
Definiţie
What is litispendență?
Under art. 138 NCPC, lis pendens arises when the same parties, object and cause are simultaneously pending before two courts. The more recently filed case is transferred to the court that received it first. All three identity conditions (parties, object, cause) must be met cumulatively. If one case is already finally decided, the applicable defence is res judicata, not lis pendens.
Ai un dosar pe rol?
Primești notificări automate la orice modificare — termen nou, soluție pronunțată, schimbare stadiu. Gratuit pentru primul dosar.