subjects of civil procedure defined in the Code of Civil Procedure.First of all it refers to the Court, which supervises the process, guides the persons involved, acts as a guarantor of the procedural rights, shall decide the dispute, rule.To the subjects also include persons involved in the case.This is the part of the prosecutor, the third parties concerned citizens for special production, as well as persons acting on the process to give an opinion, and others.
parties in the civil process - these are the main participants, the dispute on the right (legitimate interests) between which shouldconsider the court.These participants, according to the Code of Civil Procedure are the plaintiff - a person who has applied to the court for protection of rights, in the interest of which is carried out proceedings in the case, and the defendant - the offender rights are brought to account for some offense (harm, non-payment of debt, etc..).
to protect their own interests in civil proceedings the parties have rights and responsibilities that can be conditionally divided into two groups.The first includes general, that is, those that are available and other participants in the process: to participate in the investigation, to present evidence, to get acquainted with the case and take extracts from it, to participate in the court, notice of the reasons for failure to appear, submit objections and petitions, to receive a copy of the definitionsand solutions to give explanations in writing and orally, to comply with the established order, to appeal the court decision, etc.
addition to the general rights and obligations there are also those conferred on the parties.For example, it is possible to conclude the agreement.In addition, the plaintiff has the right to change the subject of the claim or withdraw it, reduce or enlarge the claims.The defendant may agree with a claim to a certain extent or completely, or to declare a counter.
parties in civil litigation shall have equal rights and duties.The proceedings can participate together several plaintiffs (respondents).In this case, the subject of the dispute must be common to all, and the duties and rights of all defendants and plaintiffs - to have one base.Any of the plaintiffs and defendants in the course of their own acts.
parties in the civil process necessarily required to have civil standing.It is understood as the ability to be a party to the process, ie,have the right to bear responsibilities.She, according to Art.36 DKP All citizens and organizations with the right to judicial protection of their legitimate interests.Also, a person must be capable.
This term refers to the ability to perform procedural actions of their own duties and exercise rights.She possess adult citizens and organizations.There are exceptions to the rule that minors from 14 years to defend their rights in the process.The court in such cases to involve legal representatives.
Citizens procedural order may be deemed incompetent by a court.This may be due to some mental disorders, alcohol abuse and other cases.Then there are the representatives of their interests.Competence is terminated in connection with the death of a citizen.
Art.41 Code of Civil Procedure provides for the concept - "replacement improper defendant."It introduced legislation to protect the rights of the plaintiff in the event of errors and cost savings.It can be carried out at any stage of the process up to the moment of making the judgment.The replacement is carried out only with the consent of the plaintiff.The opinion of the defendant in this case is not taken into account because it is a respondent party.The Court makes a decision on replacement, after which the trial begins again.
