traditional civil process is adversarial, which implies the presence of the two sides in the dispute.They are the plaintiff and the defendant.The first party to the proceedings - a person (natural or legal), which is directly sued in their own interests or in the interest of which was filed on the right.The second character of the process - the person whose action on the claim presented.All this is quite accessible and understandable.But there is a procedural complicity in civil proceedings?The aforementioned term has a value different from such criminal law.Consider the meaning of this concept.
procedural complicity in civil proceedings
classic option is to participate on each side of one person, that is, there is only one plaintiff and defendant.But practice shows that this situation is not always the case.It happens that, as a plaintiff, defendant, or at the same time both sides are the number of persons.This is a procedural complicity.Its membership base is disputed rights or duties of the several persons, as well as consideration sudoproizvodstvennoy savings when considering the number of claims.The procedural complicity in judicial proceedings has a special purpose.She is a fast and efficient protection of violated or disputed rights.
substantive grounds for complicity
procedural complicity should always be based on certain circumstances and facts.It occurs if:
- subject of dispute are the common rights and obligations of the parties;
- powers plaintiffs and defendants are based on the same legal or factual basis;
- content claim is homogeneous interests or obligations.
Depending on these criteria, the separation procedure is made participation in the compulsory and optional.Essential is the case in the event that it is based on the first and second substrates mentioned above.Optional arises in the presence of the third criterion called earlier.
procedural complicity difference from other types of participation in civil proceedings
Civil Procedure Code distinguishes between participation and other forms of participation in the proceedings.This phenomenon occurs only with respect to the plaintiff and the defendant.So, you should understand the concept of parties in civil proceedings.The plaintiff and the defendant always have a substantive interest in protecting their rights exclusively, dispose of the object of the dispute shall bear the costs of the case.They are subject to all the consequences of the court decision, they may refuse the claim, to conclude a peace agreement as well as other procedural exercise their rights and responsibilities.Thus, the lawyer in civil proceedings does not act the part of an accomplice, as well as witnesses, third parties and other participants in the proceedings.Therefore, it is necessary to distinguish between categories of actors involved in resolving the dispute.
