Revue Des Sciences Humaines
Volume 36, Numéro 3, Pages 307-315
2025-11-01
The Plea Of Lis Pendens In Private International Law
Authors : Medjdoub Kaouter .
Abstract
The topic of international judicial jurisdiction raises several practical issues, notably when the same case is presented before courts in different countries. This may lead to difficulties in enforcing judgments, prolonged procedures, fragmented parties, increased costs, and sometimes a failure to achieve fair justice for the parties involved. This has led to the creation of a legal mechanism known as the "referral of subject matter," where the court seized later refers the case to the court seized first. This mechanism is sometimes difficult to apply in the absence of specific legal provisions, such as international agreements or domestic laws, as jurisdiction is a matter of state sovereignty and the protection of the parties' rights. This study addresses the key challenges in applying this mechanism in private international law, relying on a descriptive, analytical, and comparative examination of the laws and judicial practices of Algeria, France, and Tunisia.
Keywords
Private International Law; ; Conflict of Jurisdiction; ; Plea of Unity of Subject Matter; ; International Agreements; ; Enforcement of Judgments.
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