Lis Pendens: Understanding Legal Disputes in Civil Procedure
Lis pendens refers to the legal situation where a dispute is awaiting a decision by a Court of Justice. According to Article 410 of the Civil Procedure Act (CPA), this situation begins from the moment the claim is brought, “should it then be given leave to proceed.”
Article 410 CPA: Commencement of lis pendens; it will start when it is admitted or filed, but if it isn’t admitted, it will never have existed.
Procedural Consequences
Defense of Lis Pendens: Article 421 CPA states that the defense of lis pendens shall be alleged in the statement of defense. It applies not only to identical cases but also to cases where the only difference is the cause of action, causa petendi (Article 400: preclusion). Article 421 instructs the Court on how to address the issue of lis pendens when it has been alleged: “it shall bring the hearing to an end and issue a Court order for dismissal within 5 days.”
Perpetuatio Iurisdictionis: This principle addresses how new developments influence compliance with procedural requirements. It applies to the procedure and is not directly connected to the case itself. It means that the facts upon which compliance with the procedural requirements lie will remain stable throughout the entire process. No changes in the facts will be taken into account throughout the proceeding; they are frozen at the moment the complaint is filed (Article 411 CPA, Article 253 CPA).
Prohibition of Mutatio Libelli: This concerns how new developments may affect the merits of the case. Exception: In the preliminary hearing, emendatio libelli, the possibility of amending the pleadings, shall not lead to a complete change of the basic elements of the pleadings. Prohibition of changing the claim and admissible amendments.
Ut Lite Nihil Innovetur Rule: This also deals with how new elements influence the merits of the case. Article 413 (exception: when there is a loss of legitimate interest in the pleas contained in the claim) and Article 22 (which makes the plaintiff no longer interested in a judgment) address this. Prohibition of changes in the claim and admissible amendments.
There is no modification of the proceeding because of new developments unless they affect the core of the proceeding.
Substantive Consequences
These are outlined in substantive law. The two main consequences are:
Articles 1291 and 1535 of the Civil Code (CC):
If a thing or property is being claimed and there is a proceeding pending regarding its ownership, this is a substantive effect of lis pendens.
When litigation deals with the property of the thing, no contract over that thing may be allowed without the admission of the other parties or the Court. If these challenge the contract, it will be rescinded.
When discussing credit, not property rights of things (Article 1535 CC), that credit becomes litigious, and the debtor is entitled to extinguish it by reimbursing the assignee for the price paid.
If the proceeding is pending, in both cases, these effects related to the litigious credits or thing in dispute must be notified for the consent of the parties. If this doesn’t happen, Articles 1291 and 1535 CC apply.
Article 1973 CC:
Statute of limitations, also known as prescription or extinctive prescription, refers to the time limit for filing a complaint or exercising a right. If a claim’s pendency occurs, it will interrupt the statute of limitations period. This only applies to prescriptions, not expirations. Expiration is more stringent and cannot be interrupted.