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In United States law, a lis pendens (Latin for 'suit pending' [1]) is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office.
The principle of lis alibi pendens (Latin for 'dispute elsewhere pending') applies 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.
The lis pendens-rule in article 29 of the Brussels I-bis Regulation (no. 1215/2012) provides that when proceedings involving the same cause of action and between the same parties are brought in the courts of different member states, all courts, other than the one first seized, must stay the proceedings until the first court seized has ruled ...
A general creditor, who has not reduced the debt owed to a judgment, must file a "bill in equity" with the court and must file a notice of lis pendens on the property alleged to have been the subject of a fraudulent or voluntary conveyance. The issue of whether the conveyance is one that can be upset will then be tried in court.
Lis pendens also means "a pending lawsuit", but lis pendens is a document filed in the public records of the county where particular real property is located stating that a pending lawsuit may affect the title to the property. Because nobody wants to buy real estate if its ownership is in dispute, a lis pendens notice effectively ties up the ...
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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. Forum non conveniens is not exclusive to common law nations: the maritime courts of the Republic of Panama , although not a common law jurisdiction ...
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. [50]
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