03/11/2014

NEXT POST
The need for Joint Litigation The fate of each of these co-parties may be different from others. The interests are competing among themselves. Necessary, that following a material relationship or the impossibility of dividing law exists, in this kind of joint litigation of a community of fate, since the sentence will be the same and identical for all groups. This institution necessary joint litigation arises when several people have, and make up inextricably, the quality of the material part, ie part of a substantive legal relationship (Art. 93 CPC). In this case, only the legal relationship is improved if all co-parties proceedings appear, ie legal claims or if all co-parties are located, unless the law to the contrary. In this type of joint litigation there is no criterion of opportunity that will allow multiple parties to act together the process, it is necessary criterion which requires the presence of a number of litigants in the same process. For example: A and B made a contract of sale of a house in favor of C. After completion of the legal business, believes that the sale there grounds for termination of contract due to injury. Sue judicial resolution of contract against C, but also must give notice to B, who took part in the purchase contract. The source of the necessary joint litigation, is found in the legal relationship of the dispute substantive material. Usually derived from a material relationship or rule of law. The source is found in the joint litigation regarding the disputed material, that is, its origin lies outside the procedural relation.