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litispendance

1

Erialasõnastikud

EKI terminibaas Esterm

ID 711429 Viimati muudetud 30.12.2004
Vaata sõnakogu
Vaata sõnakogu
Valdkond terms and phraseological elements particular to legal languageprocedural law
  • means "lawsuit pending". Where there is litigation pending as to the right of a particular estate or interest in land, it is necessary that the decision of the court bind not only the parties to the action, but also those who derive their title from one of the defendants pending the action.
lis pendens
Näited
  • It might seem on a first reading that, since it applies the same solution as in paragraph 1 to proceedings not involving the same cause of action, paragraph 2 is repetitive and superfluous. That conclusion would, however, be erroneous since, unlike paragraph 1 which also includes parental responsibility, paragraph 2 is deliberately confined to divorce, legal separation and marriage annulment: only in relation to them does the lis pendens rule apply where the cause of action is not the same.
litispendance
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