Lis alibi pendens
The lis pendens or Litispendenz referred to in procedural law a particular procedural status of a legal relationship. The beginning and the consequences of lis pendens differ in the various fields of law.
Legal situation in Germany
In criminal law, the lis pendens begins only with the approval of the charges by the opening decision ( § 207 para 1 CCP ) or other types of procedure with the event corresponding to the admission of the indictment, not even with the filing of the indictment, because only from this time, the public action can no longer be withdrawn by the prosecution ( § 156 Code of Criminal Procedure ).
The effect of lis pendens is that the prosecution loses the disposition authority over the proceeding. The result is a procedural bar to prosecute the offense ( within the meaning of procedural Tatbegriffs ) in another method.
In civil litigation, the lis pendens with service of the writ on the defendant starts. It is governed by § 261 ZPO. The lis pendens is to be distinguished from the pendency of which occurs already with receipt of the complaint in court.
In terms of processes causes the lis pendens that the disputed claim can be made more claims in any other court and once established, the jurisdiction of the court by subsequent changes (eg: Defendant moved his residence ) is not affected (the principle of perpetuatio fori ). The lis pendens has substantively importance for secondary claims (particularly interest rates ) and the limitation or inhibition of claims. Previously, the lis pendens was the only way to interrupt the limitation period.
Only from lis between the parties a so-called process legal relationship; until that date can ever be taken by the court to decide.
The lis pendens formally ends with the final decision, at Discontinuance ( § 269 ZPO ) or with a mutual settlement statement ( § 91a ZPO).
In contrast to the Code of Civil Procedure lis pendens begins in the administrative process by bringing an action before the court ( § 90 para 1 Code of Administrative Procedure ). Unlike in civil proceedings a notification to the defendant to " survey" of the action in this sense does not it needs.
Legal situation in Austria
In the Austrian legal system the " lis pendens " for the law of civil procedure in § 232 ZPO is governed by Code of Civil Procedure. The law also calls this the Streitanhängigkeit that is motivated by service of the writ.
Legal situation in Switzerland
In Switzerland, the entry of lis pendens in Article 62 of the Civil Procedure Code is regulated.
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