The rules on lis pendens and on res judicata in the ELI/UNIDROIT Model European Rules of Civil Procedure
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2021
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Abstract
In 2020 the European Law Institute and UNIDROIT approved the European Rules of Civil Procedure (“ERCP”). These are a set of rules through which a model civil procedure is designed with the potential to be operational in any European country. In that regard, it could be said that the ERCP aim to be a “Model Code of Civil Procedure” for Europe. This paper analyses from an analytical perspective the rules on lis pendens (Rules 142-146) and on res judicata (Rules 147-152) and their interplay with other related legal institutions in the ERCP.