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Litispendenta Comunitara - Community Litispendance (Romanian version)

Author

Listed:
  • Associate Professor Ph.D. Gabriela RADUCAN

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

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.

Suggested Citation

  • Associate Professor Ph.D. Gabriela RADUCAN, 2011. "Litispendenta Comunitara - Community Litispendance (Romanian version)," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Stiinte Politice si Studii Europene/ Logos Universality Mentality Education Novelty - Section: Political Sciences and European Studies, Editura Lumen, Department of Economics, vol. 1, pages 23-41, February.
    • Handle: RePEc:lum:rev15p:v:1:y:2011:i::p:23-41
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    More about this item

    Keywords

    european judicial cooperation; Bruxelles I Regulation; community litispendance; procedure forclosure; legal suspension.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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