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Lis Pendens Principle as a Means of Preventing Parallel Proceedings in International Civil Procedure

ФИО студента: Anna Karpova

Руководитель: Maria Filatova

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 9

Год защиты: 2018

Actively developing commercial relations between countries have led to an increase in cross-border disputes. In this regard, there is a possibility of parallel trials with the same parties on the same object of dispute, which creates risk of conflicting judgments.The principle of lis pendens is universally recognized in most countries of continental law. It is aimed at preventing parallel proceedings. Research of the mechanism of this principle is the main goal of this work. Also, some issues relating to the lis pendens principle and parallel litigation are considered: approaches to the definition of concurrent proceedings, "cause of action" identity and identity of the parties. Also much attention is paid to the comparative-legal aspect: the approach of civil law and common law countries to parallel proceedings and the principle of lis pendens in particular. The analysis of Russian legislation in this area is a special topic of this work.

Full text (added May 11, 2018)

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