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Attorney General at Artieda 2011

Attorney General


In this event confronts different substance-law relationships, claiming its definition in a sentence different content that can be compared to integrating and co-parties that are not in a legal relationship material. That the Attorney General may be proper and improper. Optional joint litigation itself. It is proper when the claims relate to the co-parties are linked by the object or the cause or title (related material), as the case of tort where several victims in the same traffic accident claims against the individual who caused the damage. Optional joint litigation improper. It is improper when there is a connection between the claims of policy instruments, or affinity, or some dependency between them, as the case of creditors who come together to demand running at the same debtor, to-executive poyandose very different titles.

32 Unlike the joint litigation necessary to volunteer in the plurisubjetividad becomes necessary when the law or the legal relationship substantially determine the need for several defendants are, in other words, arises when the presence of a plurality of parties to the proceedings is imposed by the nature of pre-tension itself or discussed the implications of the judicial decision should rest with the process. And so it makes the national tenor, Article 93 of the CPC, which literally reads: “when the decision to fall in the process uniformly affects all co-parties Will only be validly issued and are stationed all appear as joint litigation is active or passive, respectively, unless the law to the contrary “is an exceptional procedural figure, mainly due to the burden in shaping the relationship process, especially liability in the field. (Similarly see: Riverbed). Indeed, because of it, the actor can not choose who litigate, but if it decides that there must necessarily process to sue everyone who can to those who may be affected by the res judicata the same 33 that the Attorney necessary, the dependence is total since we are dealing with the case of a causal standing, complex or common under the legal relationship relating to the claim substantially derived.

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