LawState and Law

Third parties in the civil process

By the provisions of the CCP, the participants in the civil process are given appropriate statuses. First of all, the court itself refers to the parties to the proceedings as an organ of justice. In addition to the interested parties, the GPC also provides for third parties in the civil process. It should be noted that the latter may have a different nature of interest. In this regard, third parties in the civil process may be either declaring or not declaring specific independent claims about the controversial subject. Both have the same features common to all parties to the proceedings. At the same time, third parties in the civil process are endowed with specific characteristics, characteristic only for this category.

Common features include:

  1. Belonging to litigation along with other parties. This sign forms a legal position, which is occupied by third parties in the civil process. In addition, this feature determines the complex of their rights.
  2. The presence of interest in the end.
  3. The importance of the solution for third parties (in accordance with their type).
  4. Mismatch of interests with the interests of the original defendants and plaintiffs.
  5. Involvement or entry of third parties into the initiated process. The application of independent requirements in this case is carried out by filing a claim (claim).

Third parties, therefore, are parties involved or entering into a process that has begun, with some interest in its outcome. The latter is due to the fact that the decision can have an impact on their duties and rights. Third parties may be legal entities or citizens.

A party declaring independent claims about a disputable subject is the subject of the corresponding material legal relationship. The entry of a third person into the process takes place voluntarily. In accordance with the principle of disposability, it is not permissible to force this party to legal proceedings. Along with this, the court, according to the procedure for preparing the case for the proceedings, may recommend certain individuals to become a third party in a case claiming independent claims. This party may lay claim to the subject of the dispute as a whole or to a certain part of it.

The interests of third parties usually oppose either one or both sides of the process. At the same time, they claim for the same subject matter of the dispute, in respect of which claims of other parties are claimed.

It should be noted some degree of similarity of third parties claiming specific independent demands with plaintiffs. In other words, if this party sued before, it would become the original plaintiff. If the court does not allow participation in the production of a third person who makes specific specific demands, then it has the right to file a claim, thus opening a separate court proceeding. In it, it becomes a plaintiff.

In the legal literature, the differences between the party in question and the co-authors are clearly defined.

In civil proceedings, one of the parties may be the prosecutor. He is involved in the consideration of the case on the basis of the provisions of the relevant legislation, federal laws. At the same time, the definition of "prosecutor" is somewhat generalized. This term contains concepts such as "helpers", "deputies" and so on.

The prosecutor in the civil process is given certain powers. They are fixed by corresponding legal norms.

In accordance with the procedural provisions of the law, the prosecutor is entitled to apply or enter the case at any stage in the event that there is a need.

Similar articles





Trending Now






Copyright © 2018 Theme powered by WordPress.