The Process

And so dictates what the national tenor, in article 93 of the C.P.C, that letter reads as follows: when the decision revert to affect process in a uniform manner to all summons, shall be only validly issued all appear or are located, as it is active or passive, joinder respectively, unless legal otherwise is an exceptional procedure figure, due mainly to the burden on the conformation of the procedural relationship, especially in the passive area.Indeed, due to him, the actor can not choose who litigate, but that if it decides that there is process must necessarily prosecute all who can to all those who may be affected by the thing judged the same 33 in the necessary joinder, the dependency is total since we have the case of a causal legitimationcomplex or common under which the reference deduction claim substantial legal relationship.34The special or qualified joinder produces wider effects. This joinder occurs when there is need of a uniform resolution to all summons; or when the demand has to be presented by several or against several. 35 Is characteristic of the necessary joinder, the situation of procedural solidarity between the summons.36 The terms, if any of the summons meets a procedural document or take advantage of it, is considered such a situation for the benefit of others. The deadline for appeal of the ruling is individual. Resources favour, however to all summons, with the following caveat: those who have lodged are not part but you to participate before the superior court. The ruling puts an end to the process, benefits or harms to all summons and that is spoiled, only when you can make use of resource impugnatorios against it. The procedural momentum corresponds, however each of the litigants separately, so that if alone can put in place the process, with the single obligation to notify others. Notifications are also individual for the summons.

| February 4th, 2014 | Posted in General |

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