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Litispendenta Comunitara - Community Litispendance (Romanian version)

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  • Associate Professor Ph.D. Gabriela RADUCAN

    ()
    („Titu Maiorescu” University from Bucuresti, Trainer at National Institute of Magistracy)

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    Abstract

    Community litispendance is an autonomous notion regulated by the EC Regulation no. 44/2001, in order to avoid parallel procedures that might result into „incompatible decisions”. When two courts of different member states are seized with the same demand, between the same parties the second one will suspend its' procedure until the settlement of the first one's competence. Although the reason of the existance and necessity of the institution of community litispendance is to prevent contradictory decisions and to insure the implementation of the automatic recognition system of different member states' jugements, if it is expected for this recognition to not be able to take place due to the disrespect from the court a quo of litispendance and connexity criteria, it is natural to understand that the selection of concurrent causes based only on the temporal criteria does not have to take place when the second court exercises its' jurisdiction according to the Regulation.

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    Bibliographic Info

    Article provided by Editura Lumen, Department of Economics in its journal Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Stiinte Politice si Studii Europene/ Logos Universality Mentality Education Novelty - Section: Political Sciences and European Studies.

    Volume (Year): 1 (2011)
    Issue (Month): (February)
    Pages: 23-41

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    Handle: RePEc:lum:rev15p:v:1:y:2011:i::p:23-41

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    Web page: http://edituralumen.ro

    Related research

    Keywords: european judicial cooperation; Bruxelles I Regulation; community litispendance; procedure forclosure; legal suspension.;

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