Officiële Toelichting

P-28A This Principle is designed to avoid repetitive litigation, whether concurrent (lis pendens) or successive (res judicata).

P-28B Some systems have strict rules of lis pendens whereas others apply them more flexibly, particularly having regard to the quality of the proceeding of both forums. The Principle of lis pendens corresponds to Principle 10.3, concerning the scope of the proceeding and Principle 2.6, concerning parallel proceedings.

P-28C Some legal systems, particularly those of common law, employ the concept of issue preclusion, sometimes referred to as collateral estoppel or issue estoppel. The concept is that a determination of an issue as a necessary element of a judgment generally should not be reexamined in a subsequent dispute in which the same issue is also presented. Under Principle 28.3, issue preclusion might be applied when, for example, a party has justifiably relied in its conduct on a determination of an issue of law or fact in a previous proceeding. A broader scope of issue preclusion is recognized in many common-law systems, but the more limited concept in Principle 28.3 is derived from the principle of good faith, as it is referred to in civil-law systems, or estoppel in pais, as the principle is referred to in common-law systems.