12/15/2011 02:45:00 PM EST
Jean G. Robert on Private International Law: Does the Filing of a Lawsuit in a Foreign Court Stop Limitation?
A foreign plaintiff files a lawsuit against a defendant in the latter's jurisdiction to exercise a right governed by the law of the jurisdiction of the foreign plaintiff. Does the filing of such lawsuit stop the limitation period?
On the basis of the rule existing in civil matters across Canada, in the U.K. and in France, to the effect that limitation is governed by the law applicable to the merits of the dispute, the jurisdiction seized of the lawsuit would be obliged to apply the limitation rules of the foreign jurisdiction.
An important rule in limitation which exists in most legal systems is that the filing of, commencing or bringing, a lawsuit before a court will stop or interrupt limitation until the judgment is rendered.
Where a lawsuit is filed with the courts of the jurisdiction whose laws govern the merits and hence limitation, it will be quite clear that this rule, where it exists, will apply and interruption will take place.
But, does it take place if the lawsuit is filed with the courts of another jurisdiction, a jurisdiction whose laws do not govern the merits?
Of course, the answer depends on what the rules of limitation of the jurisdiction whose law governs the merits, say.
About the Author:
Jean G. Robert est diplome de la faculte de droit de l'Universite de Montreal et est devenu membre du Barreau du Quebec en 1975.
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