Lis pendens
In procedural law, lis pendens or litigations denote a certain procedural state of a legal relationship. The beginning and the consequences of lis pendens differ in the different areas of law.
Legal situation in Germany
Criminal law
In criminal law , lis pendens only begin with the admission of the indictment through the opening order ( Section 207 (1) StPO ) or, in the case of other types of proceedings, with the event that corresponds to the admission of the indictment, not with the submission of the indictment, because only after this Time the public complaint can no longer be withdrawn by the public prosecutor's office ( Section 156 StPO).
The effect of lis pendens is that the public prosecutor loses the authority to dispose of the subject matter of the proceedings. This creates a procedural obstacle for the prosecution of the offense (in the sense of the procedural term ) in another procedure.
civil right
In civil procedure law , lis pendens begin when the action is served on the defendant . It is regulated in § 261 ZPO . The lis pendens is to be distinguished from the pendency , which already occurs with the receipt of the complaint by the court .
In litigation, the lis pendens means that the disputed claim can no longer be asserted in any other court and the jurisdiction of the court, once established, is not affected by subsequent changes (for example: the defendant moves his place of residence) (principle of perpetuatio fori ). Lis pendens have material and legal significance for secondary claims (especially interest ) and the statute of limitations or suspension of claims. In the past, lis pendens were the only way to interrupt the course of the statute of limitations .
A so-called procedural relationship only exists between the parties once they are pending ; only from this point on can a decision be made by the court.
Lis pendens ends with the formally final decision , with withdrawal of the action ( § 269 ZPO) or with a mutual declaration of execution ( § 91a ZPO).
Administrative law
In contrast to the ZPO, lis pendens in the administrative process begins when the action is brought before the court ( Section 90 (1) VwGO ). In contrast to civil proceedings, service on the defendant is not required in order to “bring” the action in this sense.
Social law
As in administrative law, lis pendens also begin in social law with the filing of an action ( Section 94 SGG ). In proceedings under the Seventeenth Title of the GVG , because of excessively long court proceedings, the dispute only becomes pending when the action is served on the defendant.
Legal situation in Austria
In the Austrian legal system, lis pendens for civil procedure law is regulated in § 232 ZPO . The law also calls this the pending dispute ; it is justified by service of the complaint.
Legal situation in Switzerland
In Switzerland, lis pendens are regulated in Art. 62 of the Code of Civil Procedure.
Furthermore, Art. 9 (2) of the Federal Act on Private International Law (IPRG) provides for a uniform regulation.
