PROCEDURAL ASPECTS OF LIS PENDENS IN THE CONTEXT OF SLOVAK AND INTERNATIONAL LAW

Abstract

This article is focused on one of the procedural conditions that has to be fulfilled in order for a case to be heard and decided by the court. The obstacle of lis pendens has an important place among the other procedural conditions and its occurrence is conditioned by the assertion of the ‘‘same‘‘subject of litigation or non- litigious matter in several courts or other authority at the same time. The legislator, in an effort to eliminate multiple disputes in the same subject matter and in accordance with the principle of ne bis in idem, considers it as a reason to stop proceedings in about the same case. In connection with this obstacle, the doctrine of civil procedure deals with the interrelation between claims for performance and so – called declaratory claims. Besides the aforementioned, the author will also focus on its evaluation in the context of legal relations involving a foreign element in international law and they will try to clarify whether there are common criteria for its existence in this sense. Also with regard to the legal consequences associated with it.