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Third parties in the civil process: concept and types

AT lawsuit two sides are always involved. Moreover, the situation does not change both in the presence of co-participants and co-defendants. However, in practice quite often there are cases when another party is interested in the process. She is neither a plaintiff nor a defendant. These participants are third parties. In the civil process, they have their particular interest. It consists in the fact that the decision on the dispute of the main participants to one degree or another affects the rights of this party. Next, we will consider what opportunities third parties have in civil process, concept and the views of third parties will also not be disregarded. third parties in civil proceedings

Prerequisites for participation in the case

What are the main reasons why third parties speak in civil proceedings? This is, firstly, the desire to prevent recourse requirements for them in the future. The next fairly common reason is the desire to achieve the outcome of the case in their favor. In such cases, as a rule, the proceedings have already begun. The law allows situations when third parties can enter the course of consideration of a case. In civil proceedings, examples of such cases are quite common. Here is one of them.

Gr. S. sues c. G. demanding to return the motorcycle. Gr. F., learning about this, enters into business with his own requirements to transfer the vehicle to him. As a justification is the ownership of the motorcycle belonging to gr. F.

There are situations when it is required to preserve what third parties received in the civil process in another case. If the second wife claims the recovery of alimony from her husband in favor of 2 children, the first wife of the defendant is attracted, who already receives money from him for the maintenance of three children. If the claim is satisfied, the amount of payments for children of the first marriage will become less. Moreover, the first wife can prove that the claims are fictitious (to maintain the amount of alimony) by presenting evidence that the plaintiff and the defendant live together and raise children. If the claim is rejected, the payments will remain the same.

third parties in civil proceedings concept and types

Interests of the parties

It should be said that third parties in civil proceedings (examples of judicial practice confirm this fact) are always interested in the outcome of the proceedings. Moreover, their desires do not always coincide with the requirements of one of the parties (defendants, as a rule). It should be noted one more interest that third parties pursue in the civil process. This is the promotion of justice. With the participation of this party, the evidence becomes more voluminous and complete. In addition, third parties in the civil process contribute to saving time - instead of two cases, one is dealt with.

Additional features

Third parties in a civil proceeding have the right to institute a separate proceeding. However, in this case, the probability of getting a controversial thing is reduced. For example, the participant in whose favor a decision was made earlier can destroy it or sell it. In this case, the third party will have to be content with compensation. Thus, we can conclude that the participation of this interested party is beneficial both to itself and to the authorized instance.

Third parties in the civil process: concept and types

Classification is carried out according to the degree of interest of the participants. So, third parties in a civil proceeding can be of the following types:

  1. Declaring their own requirements.
  2. Not claiming independent claims.

Third parties in the civil process, the concept and types of these participants are clearly described in the Code of Civil Procedure. About the party declaring the requirements specified in Art. 42. The second category is described in Art. 43.

third parties in civil proceedings it

Claimants

Such third parties include entities that enter into an ongoing proceeding by submitting a statement of claim on a common basis. The purpose of participation is to protect your own legitimate interest. It consists in the desire to obtain the award of the subject of the dispute or recognition of the right disputed by the original parties.

Legal justification for participation in the case

The basis according to which third parties enter the proceedings is that all parties to the process are connected by the same legal relationship. This production has its own specifics. In all cases when a new participant disputes the right of the original defendant and the plaintiff to the subject of the case, the response party to which a new lawsuit is brought is represented by two persons. Thus, the subject composition of the proceedings is changing. A third party cannot act as a co-claimant, since his claims not only differ from the claims of the original plaintiff, but also exclude them. However, it should not be considered that in all cases the new participant in the proceedings addresses his application to both parties. There are situations when a third party claims against only one participant. At the same time, the interests of the second side are not affected. third parties in civil proceedings examples

Nature of the relationship

It is concretized in several positions:

  1. If a third party addresses independent claims against the two original participants, while the plaintiff has refused claims, the subject of consideration remains a lawsuit filed by the incoming party. The outcome of the case may be a settlement. In this case, its subjects will be, on the one hand, the initial plaintiff (who became the defendant) and the defendant, and on the other, a third party. The approval of the agreement in such a situation is considered the basis for the complete termination of the proceedings.
  2. If claims are claimed only to the plaintiff, then the refusal of the second from claims to the defendant entails the completion of proceedings in this part. Moreover, the latter is exempted from participation in the case. The original plaintiff, in turn, becomes the defendant. An amicable settlement may also be approved as an outcome of the case. In this case, the consideration is terminated completely.
  3. If a third party claims only the defendant, and the plaintiff withdraws his claims, the proceedings in this part are terminated, but in the process the defendant remains, speaking as such to the new participant. In this case, the law provides for the retirement of the plaintiff from the proceedings

third parties in civil proceedings may be of the following types

Non-claimants

In Art. 43 of the Code of Civil Procedure provides that third parties have the opportunity to enter the ongoing proceedings in the event that its outcome may affect their obligations and rights in relation to any party. For example, if a garment is missing from the wardrobe, the person responsible for the preservation of things (cloakroom) is interested in participating in the consideration of the case on the claim of the visitor (owner) to the theater. In this case, a third party enters the process in order to prevent a recourse action against him if the initial requirements are satisfied. That is, the amount (in whole or in part) of compensation to the visitor can be deducted from the responsible person. As can be seen from the example, there are no independent requirements from a third party. At the same time, no claim for compensation is also brought against him. With its participation, a third party ensures the protection of their own rights for the future, since they will be denied a claim for recourse. third parties in civil proceedings the concept and types of third parties

Features

Third parties who have not claimed claims are entitled to act on the side of both the plaintiff and the defendant.By their participation they contribute to decision-making in favor of any of the subjects of production, but at the same time protect their own rights. Interest in joining proceedings should be objective. This means that it is necessary to establish a relationship between a third party and one of the parties on the alleged legal relationship.

Involvement in proceedings

Entry into the case by third parties may be carried out on their own initiative or on the basis of a request from one of the parties, a court or a prosecutor. Attraction of a new member is allowed until a decision is made. If a third party enters the proceedings on a personal initiative, they shall submit a corresponding application. The state duty is not paid at the same time. The admission of a third party to production shall be formalized by a court ruling. third parties in civil litigation

Important point

A third party does not act as a subject of a controversial relationship. In this regard, nothing can be exacted from him during the proceedings. Also, nothing is awarded to a third party as part of the process in which it is involved. The relationship between the original plaintiff and the new subject is considered and resolved in independent proceedings. It can be launched, for example, in a recourse action.


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