excepción de litispendencia

English translation: lis pendens defense

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:excepción de litispendencia
English translation:lis pendens defense
Entered by: Rebecca Jowers

18:55 May 29, 2020
Spanish to English translations [PRO]
Law/Patents - International Org/Dev/Coop / HCCH 2019 Judgments Convention, Hague Conference on Private International Law
Spanish term or phrase: excepción de litispendencia
Hello:
The expression "excepción de litispendencia" appears in a response to a question on parallel proceedings:

MANAGEMENT OF PARALLEL PROCEEDINGS IN CIVIL OR COMMERCIAL MATTERS,
EXCLUDING FAMILY PROCEEDINGS
• Can your courts raise the issue of parallel proceedings on their own motion (ex officio), or can the issue only be raised by a party:

La excepción de litispendencia procede cuando se configura la triple identidad de sujeto, objeto y causa, o bien cuando se evidencia la posibilidad de fallos contradictorios, caso en el cual la solución se logra, habida cuenta de razones de conexidad, por medio de la acumulación de procesos.

Thank you very much for your help.
678
lis pendens defense
Explanation:
also: defense of pendency of prior action; defense of another action pending

excepción (in this context) = defense raised to attempt to defeat a lawsuit

--------------------------------------------------
Note added at 22 mins (2020-05-29 19:17:28 GMT)
--------------------------------------------------

Examples:

The purpose of the lis pendens defense is to protect a defendant from harassment by having to defend several suits on the same cause of action at the same time. ... The doctrine of lis pendens requires that the prior action be pending.
https://courts.phila.gov/PDF/cpcvcomprg/040403858.pdf

The lis pendens defense allows for the dismissal of thelater-filed suit when all three of the following requirements aresatisfied: (1) two or more suits are pending in Louisiana courts;(2) the suits are related to the same transaction or occurrence;and (3) the suits involve the same parties in the same capacities.
https://www.govinfo.gov/content/pkg/USCOURTS-laed-2_12-cv-02...

Different names, same action: complaint dismissed based on lis pendens defense. Plaintiff cannot bring forward two cases based on same circumstances, Court rules. (8/9/2006)
https://www.patla.org/Template_section_News_and_Periodicals....

Selected response from:

Rebecca Jowers
Spain
Local time: 12:39
Grading comment
Thank you very much for your response and additional information provided.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3plea of lis pendens
Ramon Armora
4 +2lis pendens defense
Rebecca Jowers
4cause for lis pendens
David Hollywood
3exception/motion of pendency of action/lis pendens
Robert Carter
Summary of reference entries provided
Refs.
Taña Dalglish

Discussion entries: 12





  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
cause for lis pendens


Explanation:
arises etc.

--------------------------------------------------
Note added at 6 mins (2020-05-29 19:01:39 GMT)
--------------------------------------------------

In United States law, a lis pendens is a written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the county land records office. ... Lis pendens is Latin for "suit pending".

--------------------------------------------------
Note added at 8 mins (2020-05-29 19:03:50 GMT)
--------------------------------------------------

have to be careful with faux amis here as "excepción" doesn't mean "exception" here

--------------------------------------------------
Note added at 12 mins (2020-05-29 19:07:18 GMT)
--------------------------------------------------

and it's a fine line between "cause" and "plea"

David Hollywood
Local time: 07:39
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 100
Notes to answerer
Asker: Hi David, Thank you for your answer. The thing is that in Argentina "litispendencia" means that two cases with same object, subject and cause are initiated in courts of different jurisdictions.

Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
exception/motion of pendency of action/lis pendens


Explanation:
It usually refers to a motion or exception by one of the parties to the suit claiming that another court action is pending between the parties regarding the same cause of action.
I believe in the US the English term is now preferred over the Latin term.

"A "notice of pendency of action" or "notice" is a notice of the pendency of an action in which a real property claim is alleged."
http://www.kinseylaw.com/clientserv2/civillitigationserv/rea...

Robert Carter
Mexico
Local time: 05:39
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 92
Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
lis pendens defense


Explanation:
also: defense of pendency of prior action; defense of another action pending

excepción (in this context) = defense raised to attempt to defeat a lawsuit

--------------------------------------------------
Note added at 22 mins (2020-05-29 19:17:28 GMT)
--------------------------------------------------

Examples:

The purpose of the lis pendens defense is to protect a defendant from harassment by having to defend several suits on the same cause of action at the same time. ... The doctrine of lis pendens requires that the prior action be pending.
https://courts.phila.gov/PDF/cpcvcomprg/040403858.pdf

The lis pendens defense allows for the dismissal of thelater-filed suit when all three of the following requirements aresatisfied: (1) two or more suits are pending in Louisiana courts;(2) the suits are related to the same transaction or occurrence;and (3) the suits involve the same parties in the same capacities.
https://www.govinfo.gov/content/pkg/USCOURTS-laed-2_12-cv-02...

Different names, same action: complaint dismissed based on lis pendens defense. Plaintiff cannot bring forward two cases based on same circumstances, Court rules. (8/9/2006)
https://www.patla.org/Template_section_News_and_Periodicals....



Rebecca Jowers
Spain
Local time: 12:40
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Grading comment
Thank you very much for your response and additional information provided.

Peer comments on this answer (and responses from the answerer)
agree  Robert Carter: Hi Rebecca, I wonder if can you clarify when to use "exception," "motion" or "defense" to translate "excepción"? I understand an exception is a type of defense, but on procedural grounds, right?
15 mins
  -> Thanks, Robert. In response to your question, I'll post some ideas in the discussion section.

agree  Toni Castano: I would call this "objection of lis pendens", the option I actually prefer, but yours is fine too.
50 mins
  -> Thanks, Toni
Login to enter a peer comment (or grade)

5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
plea of lis pendens


Explanation:
per proz.com glossary

Plea that a suit - litigation - is pending elsewhere, in another country etc., so no need to duplicate the action.

IATE:
ES excepción dilatoria de litispendencia
EN plea in bar on grounds of "lis pendens"

By Adrian MM.

--------------------------------------------------
Note added at 27 mins (2020-05-29 19:22:18 GMT)
--------------------------------------------------

Here is another one:

When one of the parties raises the plea of lis pendens: when recording that a case which has a similar object and facts has already been laid before another French court...

https://books.google.com.do/books?id=lXIQQDyOYtkC&pg=PA180&l...

--------------------------------------------------
Note added at 29 mins (2020-05-29 19:24:48 GMT)
--------------------------------------------------

When a defendant is arrested pending a former suit or action, in which he was held to bail, he will not, in general, be held to bail, if the second suit be for the same cause of action. But under special circumstances, he may be held to bail twice, and of these circumstances the court will judge. When such a second action is commenced, the first ought to be discontinued and the costs paid; but, it seems, it is sufficient if they are paid before the replication of nul tiel record to a plea of autre action pendant. in the second suit.

https://dictionary.thelaw.com/lis-pendens/


    https://www.proz.com/kudoz/spanish-to-english/law-general/4658389-excepcion-de-litispendencia.html
Ramon Armora
Dominican Republic
Local time: 06:40
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Hi Adrian, Thank you for your answer. According to the reference you mention, the response would be "lis alibi pendens" not "lis pendens". Am I wrong? En Argentina el término litispendencia se utiliza cuando dos causas con identidad de sujeto, objeto y causa se inician en juzgados de distintas jurisdicciones.

Asker: The translation will be used by an international organization and representatives from many countries will use the translation.


Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: yes, ha, ha, 'tis I agreeing with myself- plea of lis *alibi = elsewhere* pendens for BrE or IrE consumption: Osborn's Concise & Curzon's Law Dictionary. Unclear from the asker's (low) profile what the source-country & target-audience is.
41 mins
  -> Hey! you came back! could you please check the discussion entries? Thanks!

agree  Toni Castano: I´m strongly in favour of "objection", but I think this works too.
1 hr
  -> yess! agree!

agree  AllegroTrans: This seems "internationally" acceptable but it would be useful to know where the translation is targeted
1 hr
  -> true!
Login to enter a peer comment (or grade)




Reference comments


21 mins peer agreement (net): +3
Reference: Refs.

Reference information:
Rocois Construction Inc. v. Québec Ready Mix Inc. - SCC Casesscc-csc.lexum.com › scc-csc › scc-csc › item
Quebec. Subjects. Civil procedure. Notes. SCC Case Information: 19780 ... Civil procedure ‑‑ Exceptions to dismiss action ‑‑ Lis pendens ‑‑ Action for ... Accordingly, noting that the triple identity of parties, object and cause was present, ...

The action brought in the Superior Court should be dismissed on the ground of lis pendens. First, although the jurisdiction of the Federal Court, based on s. 31.1(1) of the Combines Investigation Act, and that of the Superior Court, resulting from its general common law jurisdiction, are different, both courts are equally competent to hear the actions brought before them respectively. Second, the ***three substantive conditions for lis pendens within the meaning of art. 165 C.C.P. have been met. There is an identity of parties, object and cause between the two cases***


https://www.diva-portal.org/smash/get/diva2:813565/FULLTEXT0...
The doctrine of lis pendens plays an important role
in both traditions in regard to parallel proceedings, but it has been given different
roles within each tradition as to how it prevents parallel proceedings. What
complicates the matter even more is the fact that there is no general definition of lis
pendens, less any universally adopted standards for its application.

This thesis will examine the problem of parallel proceedings and the adoption of the
doctrine of lis pendens in the common law and civil law traditions respectively, with
the utmost purpose to answer the question as to when parallel proceedings in
international commercial arbitration can be said to take place. The purpose of this
thesis is – to some extent – twofold; it aims at presenting the issue of parallel
proceedings and the doctrine of lis pendens from an overall perspective, as well as at
presenting the issue with a more party-oriented view in mind.

As mentioned in the foregoing, the doctrine of lis pendens has no general definition,
and is certainly not applied in an identical manner in different legal systems.
However, the principle is still recognized in most jurisdictions as it works as a
safeguard against parallel proceedings. This thesis is a
comparative study over the different approaches to the doctrine of lis pendens taken
by the common law and civil law traditions.

4.2.1 The definition of lis pendens
It has been shown in the foregoing that parallel proceedings are commonly viewed
as a negative phenomenon and most, if not all, jurisdictions have adopted different
measures to prevent them from taking place.99 The doctrine of lis pendens is only one
of many possible measures to deal with parallel proceedings. Other measures
include, inter alia, anti-suit injunctions, consolidation of proceedings, and the
application of the doctrine of forum non conveniens.

James Fawcett has described
the doctrine of lis pendens to be applicable in a “situation in which parallel
proceedings, involving the same parties and the same cause of action, are continuing
in two different states at the same time.

The doctrine of lis pendens is closely related to the principle of res judicata, which
establishes that “an earlier and final adjudication by a court or arbitration tribunal is
conclusive in subsequent proceedings involving the same subject matter of relief,
the same legal grounds and the same parties.”109 Precluding following proceedings
between the same parties concerning the same claim, demand or cause of action, the
principle of res judicata serves purposes closely related to those of lis pendens ...

Lis pendens refers to a situation where the same dispute has been brought before two courts of the same level, having equal jurisdiction. ... This ruling is noteworthy considering the low number of courts having granted this exception of international lis pendens


https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?...
Parallel Proceedings-Converging Views - Osgoode Digital ...digitalcommons.osgoode.yorku.ca › cgi › viewcontentPDF
ceedings, but the vexing question can be 'which is the abusive party ... only where jurisdiction had been exercised on one of the tradi- ... uations of parallel proceedings or "lis pendens. ... other than the court first seised shall of its own motion stay its proceedings ... The lessons for Canadian courts that can be found in the ex-.
In order to address the concerns of multiplicity and
inconsistent results, the Europeans established a simple rule for situations of parallel proceedings or "lis pendens." This rule requires
all courts, other than the court first seized, to stay proceedings on
the same matter before them of their own motion until the court
first seized has decided the matter or has determined that it cannot
decide the matter.


COMPARATIVE TABLE: The Effect of Recognition of ... - BIICL www.biicl.org › files › 3479_comp_table_-_effect_of_j...
PDF https://www.biicl.org/files/3479_comp_table_-_effect_of_judg...
matters which could have been raised in the first proceedings to establish or refuse the ... In personam judgments will generally only bind parties or their privies and not ... The former doctrine is also concerned with the substantive objective of ... the court may decide of its own motion to raise the issue of preclusion, but it is ...

Taña Dalglish
Jamaica
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 64
Note to reference poster
Asker: Thank you very much! Very useful information!


Peer comments on this reference comment (and responses from the reference poster)
agree  Adrian MM.
22 mins
  -> Thanks.
agree  Toni Castano: Thank you for the useful explanatory links.
53 mins
  -> Thanks Tony. Continue to stay safe.
agree  AllegroTrans
55 mins
  -> Thank you.
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search