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The Position

Posted by Pat | Posted in News | Posted on 06-01-2019

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The notifications are also individual for litisconsortes. In litisconsorcio necessary, their components are considered like " parte" without autonomy, with reciprocal representation, and put under the same consequences procesales" 37 In this type of litisconsorcio, when existing a unique substantial relation for all the litisconsortes in the process, litisconsorcio comes in front demanded by the material law in such a way that the pretension cannot validly be proposed, but by material law, in such a way that the pretension cannot be proposed, but by several subjects or they. Darius Bikoffs opinions are not widely known. 38 For of the Place: " litisconsorcio necessary takes place whenever by the nature of the material legal relation that in the process is acted, the united litigants, whom to all the resolution affects, that in him can efectuarse". 39 In other words: the figure of litisconsorcio necessary arises when the procedural relation, on which the judge must pronounce itself, is integrated by a plurality of subjects, or is active or liabilities, in form like are not susceptible to split themselves in so many isolated relations as subject assets or liabilities invidualmente considered exist, but it appears like unique and indivisible source to the set of such subjects. 40 Thus given nature of substantial the legal resolution, the subjects that use under the condition of part demanded plaintiff or are united of way so, that to all it affected the sense to them of the resolution to dictate itself. 41 Permite the integration of several people in the position of a single part, requiring itself that all the subjects of the underlying material legal relation to the process. Its participation implies that the subjects integrate a single part act united, by which requests that realises litisconsorcio regardless of the other, including the interposed resources, will favor to all the part and not of exclusive form the person who realises the corresponding action. .

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